Sethulakshmi Harinarayanan vs Sreenath Thulasidas
2022 Latest Caselaw 5001 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                           &
               THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                              OP (FC) NO. 230 OF 2022
       AGAINST THE ORDER/JUDGMENT IN OP 2494/2018 OF FAMILY
                                  COURT,ERNAKULAM


PETITIONER/PETITIONER:

            SETHULAKSHMI HARINARAYANAN, AGED 31 YEARS
            D/O HARINARAYANAN, "KAMAL" HOUSE, KOTTARAPPATTU LANE,
            NEAR MUNICIPAL TOWN HALL, NORTH PARAVUR,
            ERNAKULAM DISTRICT, PIN - 683513

            BY ADV N.P.PRAJEESH



RESPONDENT:

            SREENATH THULASIDAS, AGED 35 YEARS
            S/O THULASIDAS, THACHETHU HOUSE
            OLD KSEB ROAD, ELOOR SOUTH, UDYOGAMANDAL
            ERNAKULAM, PIN - 683501


     THIS     OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 230 OF 2022
                                2


                            JUDGMENT

Devan Ramachandran, J.

Shorn of all unnecessary details, the petitioner only wants

O.P.No.2494/2018 pending before the Family Court, Ernakulam

be taken up and disposed of without any unavoidable delay.

2. However, the learned Division Bench of this Court has

already delivered judgment in Shiju Joy v. Nisha [2021 (2) KLT

607] that the petitioner must move the Family Court at the first

instance for this purpose; and we see from the file, - as is also

argued by Sri.Prajeesh, learned counsel for the petitioner - that

Ext.P2 application for the afore purpose has been moved.

3. We are, therefore, of the firm view that the Family

Court must take up Ext.P2 and take a decision thereon, without

any further delay.

4. Resultantly, we allow this Original Petition to the

limited extent of directing the Family Court, Ernakulam, to take

up Ext.P2 application and issue appropriate orders thereon,

keeping in mind the declarations of this Court in Shiju Joy

(supra).

5. This shall be done after hearing both sides, as

expeditiously as is possible, but not later than two weeks from OP (FC) NO. 230 OF 2022

the date of receipt of a copy of this judgment.

Needless to say, even though we have only directed

Ext.P2 to be taken up and orders issued on it, it goes without

saying that the said Court will endeavour to dispose of the

Original Petition itself in terms of the afore judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- P.G. AJITHKUMAR JUDGE stu OP (FC) NO. 230 OF 2022

APPENDIX OF OP (FC) 230/2022

PETITIONER EXHIBITS

Exhibit 1 PHOTOCOPY OF THE PETITION IN O.P NO. 2494/2018 FILED BEFORE THE FAMILY COURT, ERNAKULAM.

Exhibit2 PHOTOCOPY OF THE I.A NO.2079/2022 IN O.P NO.2494/2018 FILED BEFORE THE FAMILY COURT, ERNAKULAM.