Nishant Krishna Nair vs Gitanjali Suresh
2022 Latest Caselaw 5239 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE V.G.ARUN
                              &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                  OP (FC) NO. 265 OF 2022
   AGAINST THE ORDER/JUDGMENT IN OP 597/2022 OF FAMILY
                       COURT,ERNAKULAM
PETITIONER/S:

          NISHANT KRISHNA NAIR
          AGED 30 YEARS
          RESIDING AT 9 VAN ZANDT ROAD, SKILLMAN, NJ
          08558, USA REPRESENTED BY MY POWER OF ATTORNEY
          HOLDER SMT. SARASWATHI BAI NAYAR, AGED 89,
          RESIDING AT ZAMBEZI, JNRA E36, G. MADHAVAN
          PILLAI ROAD, KARAMANA, THIRUVANANTHAPURAM
          695002, KERALA, PIN - 695002
          BY ADVS.
          O.A.NURIYA
          NEBIL NIZAR
          FASNA T.Y

RESPONDENT/S:

          GITANJALI SURESH
          AGED 24 YEARS
          FLAT NO.111
          HAPPY HOMES 3
          KAKKANAD, KOCHI



          REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
          MR. SREEHARI.P
          AGED 56 YEARS
          RESIDING AT FLAT 2-B
          ABAD SILVER CREST
          SUBHASH CHANDRA BOSE ROAD
          KADAVANTHRA, KOCHI, PIN - 682032
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC) No.265 of 2022

                                   -2-



                                JUDGMENT

Dated this the 13th day of May, 2022

V.G.Arun, J.

The petitioner is aggrieved by the failure to

consider and pass orders on his original petition

filed for annulment of his marriage on the ground

of non-consummation.

2. Learned Counsel for the petitioner

submitted that, in spite of the respondent having

filed no objection, the original petition is

being posted before the CMO of the Family Court.

As a result, the case is getting adjourned

indefinitely and the parties, both of whom are

residing abroad, are put to extreme

difficulties.

3. Adv.Amrin Fathima, instructed to appear

for the respondent, submitted that the respondent

also wants the matter to be taken up and decided

at the earliest.

O.P.(FC) No.265 of 2022

Having heard the learned Counsel on either

side, we deem it appropriate to direct the Family

Court, Ernakulam to take up O.P.No.597 of 2022 in

the court on 24.05.2022 and to pass appropriate

orders in the matter, taking into account the no-

objection filed by the respondent.

Sd/-

V.G.ARUN JUDGE sd/-

P.G.AJITHKUMAR JUDGE

Scl/13.05.2022 O.P.(FC) No.265 of 2022

APPENDIX OF OP (FC) 265/2022

PETITIONER EXHIBITS Exhibit1 PASSPORT DETAILS OF NISHANT KRISHAN NAIR Exhibit2 MARRIAGE CERTIFICATE Exhibit3 MARRIAGE ANNULMENT PETITION FILED BY LOWER COURT Exhibit4 POWER OF ATTORNEY OF RESPONDENT Exhibit5 AFFIDAVIT FILED BY RESPONDENT THROUGH POWER OF ATTORNEY Exhibit6 AFFIDAVIT FILED BY RESPONDENT