Kerala High Court
[email protected] vs Stephen Thomas on 2 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
OP (FC) NO. 590 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 1033/2020 OF FAMILY COURT,KOLLAM
PETITIONER:
[email protected], AGED 43 YEARS, D/O. SUBHADRA, R/AT.
VIPANCHIKA, UMAYANALLOOR P.O., KOLLAM DISTRICT.
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENT:
STEPHEN THOMAS, AGED 48 YEARS, S/O. THOMAS XAVIOR,
VIPANCHIKA, UMAYANALLOOR P.O., KOLLAM DISTRICT, PIN-
691589, NOW R/AT. NO.24, THIRD CLASS, FOURTH MAIN,
MARUTHI EXTN, BANGALORE NORTH, SREERAMAPURAM,
BANGALORE, KARNATAKA, PIN-560021.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 590 OF 2021
2
J U D G M E N T
A. Muhamed Mustaque, J
This original petition was filed challenging the non
consideration of the advance hearing petition before the
Family Court, Kollam in O.P No.1033 of 2020. The advance
hearing petition was numbered as I.A No.5 of 2021. This
was filed on 12.08.2021.
2. This Court in Shiju Joy v. Nisha [2021 (2) KLT
607] ordered disposal of such interlocutory applications
within a period of two weeks. It is also further ordered
that such order can be passed from the chamber itself.
More than six months lapsed, no orders have been passed.
We sought remarks from the learned presiding officer.
Instead of passing orders, the learned presiding officer
forwarded remarks stating that the directions in Shiju Joy
v. Nisha [2021 (2) KLT 607] will be complied with in letter
and spirit and what is required to be done in such matter
is to pass orders on the advance hearing petition. It is
appropriate that such an order is passed at the earliest.
The learned officer is directed to follow the various
directions issued in the Shiju Joy's case supra in regard
to the disposal of the interlocutory applications, advance
OP (FC) NO. 590 OF 2021
hearing petitions etc. The learned presiding officer is
directed to pass orders on the advance hearing petition as
expeditiously as possible, at any rate, within a period of
two weeks.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
PR
OP (FC) NO. 590 OF 2021
APPENDIX OF OP (FC) 590/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITION IN
OP.NO.1033/2020 ON THE FILE OF THE FAMILY
COURT, KOLLAM.
Exhibit P2 A TRUE COPY OF THE I.A.NO.1/2020 IN
OP.NO.10333/2020 ON THE FILE OF THE FAMILY
COURT, KOLLAM.
Exhibit P3 A TRUE COPY OF THE IA.NO.3/2020 IN
O.P.NO.10333/2020 ON THE FILE OF THE FAMILY
COURT, KOLLAM.
Exhibit P4 A TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT I.A.NO.3/2020 IN O.P.NO.10333/2020
ON THE FILE OF THE FAMILY COURT, KOLLAM.
Exhibit P5 A TRUE COPY OF THE PETITION FILED BY THE
RESPONDENT I.A.NO.5/2020 IN O.P.NO.1033/2020
ON THE FILE OF THE FAMILY COURT, KOLLAM.
