Shymol Shivadas vs Manoj T K
2022 Latest Caselaw 11268 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                            &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
                           1944
                 OP (FC) NO. 663 OF 2022
AGAINST THE ORDER/JUDGMENTOPHMA 726/2017 OF FAMILY COURT,
                         KOTTAYAM
PETITIONER:

         SHYMOL SHIVADAS, AGED 41 YEARS
         WIFE OF SRI. MANOJ T.K., RAVI SADANAM HOUSE,
         RUBI NAGAR P.O., MORKLANGARA,
         CHANGANASSERYY, KOTTAYAM DISTRICT,
         KERALA, PIN - 686103
         BY ADVS.LUKE J CHIRAYIL
         M.G.SREEJITH
         ELSA MARY THOMAS
         AMAL JOSE


RESPONDENTS:

         MANOJ T K, AGED 43 YEARS
         SON OF SRI. T G KUNJUMON, THADATHIL HOUSE,
         PANACHIKADU, KUZHIMATTOM P.O
         KOTTAYAM DISTRICT, KERALA, PIN - 686533

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     -:2:-
O.P.(FC)No.663 of 2022



                                JUDGMENT

Anil K. Narendran, J.

The petitioner filed O.P(HMA)No.726 of 2017 before the

Family Court, Kottayam at Ettumanoor, against the respondent

herein-husband seeking a decree of divorce. The petitioner has

filed this original petition invoking the supervisory jurisdiction of

this Court under Article 227 of the Constitution of India, seeking

an order directing the Famly Court to dispose of Exts.P9 I.A.No.5

of 2022 in O.P(HMA)No.726 of 2017, O.P.Nos.987 of 2017, 878

of 2017 and M.C.No.193 of 2017 and to keep in abeyance further

procedings in O.P(HMA)No.726 of 2017, O.P.Nos.987 of 2017,

878 of 2017 and M.C.No.193 of 2017, till orders are passed in

Ext.P9 application.

2. Heard the learned counsel for the petitioner.

Considering the nature of relief proposed to be granted in this

petition, notice to the respondent is dispensed with.

3. The learned counsel for the petitioner would submit

that I.A.No.5 of 2022 in O.P(HMA)No.726 of 2017, O.P.Nos.987

of 2017, 878 of 2017 and M.C.No.193 of 2017, is one filed on

30.11.2022. Now the original petitions are listed for hearing on

O.P.(FC)No.663 of 2022

03.12.2022. Therefore, expeditious consideration of I.A.No.5 of

2022 is highly essential.

Having considered the submissions made by the learned

counsel for the petitioner, without expressing anything on the

merits of the reliefs sought for in the interlocutory application,

we deem it appropriate to direct the Family Court to dispose of

I.A.No.5 of 2022 in O.P(HMA)No.726 of 2017, O.P.Nos.987 of

2017, 878 of 2017 and M.C.No.193 of 2017, tomorrow

(03.12.2022) itself.

The original petition is disposed of as above.

Registry to communicate a copy of this judgment to the

Family Court, Kottayam at Ettumanoor, today itself.

Sd/-

ANIL K. NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE

bkn/-

O.P.(FC)No.663 of 2022

APPENDIX OF OP (FC) 663/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION DATED 27.07.2017 NUMBERED AS O.P. (HMA) NO: 726 OF 2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM, ETTUMANOOR Exhibit P2 THE TRUE COPY OF THE UNDATED OBJECTION IN O.P (HMA) NO. 726 OF 2017 ON THE FILES OF THE HONORABLE FAMILY COURT ETTUMANOOR Exhibit P3 THE TRUE COPY OF THE PETITION DATED 23.09.2017 NUMBERED AS O.P. NO. 987 OF 2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM, ETTUMANOOR Exhibit P4 THE TRUE COPY OF THE UNDATED OBJECTION IN G & W O.P. NO. 987 OF 2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P5 TRUE COPY OF THE PETITION DATED 16.08.2017 NUMBERED AS O.P. NO. 878 OF 2017, ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P6 THE TRUE COPY OF THE OBJECTION DATED 10.01.2019 IN O.P NO: 878/2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM, ETTUMANOOR Exhibit P7 THE TRUE COPY OF THE PETITION NUMBERED AS M.C. NO: 193 OF 2017 DATED 26.09.2017 ON THE FILES OF THE HONORABLE FAMILY COURT ETTUMANOOR Exhibit P8 THE TRUE COPY OF THE OBJECTION DATED 26.11.2019 IN M.C. NO: 193 OF 2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P9 THE TRUE COPY OF THE PETITION DATED 30.11.2022 WHICH IS NUMBERED AS I.A NO:

O.P.(FC)No.663 of 2022

5/2022 IN O.P NO: 726/2017, O.P NO: 987/2017, O.P NO: 878/2017 AND M.C NO: 193/2017 ON THE FILES OF THE HONORABLE FAMILY COURT ETTUMANOOR Exhibit P10 THE TRUE COPY OF THE CASE STATUS OF O.P NO: 726/2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P11 THE TRUE COPY OF THE CASE STATUS OF O.P NO: 987/2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P12 THE TRUE COPY OF THE CASE STATUS OF O.P NO: 878/2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P13 THE TRUE COPY OF THE CASE STATUS OF M.C. NO. 193 OF 2017 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR