Subin Stephen vs Ashly Ann Jose
2022 Latest Caselaw 10915 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                            &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 3RD DAY OF NOVEMBER 2022/12TH KARTHIKA, 1944
                 OP (FC) NO. 650 OF 2021
AGAINST THE ORDER DATED 21.10.2021 IN I.A.NO.1 OF 2021 IN
    O.P.NO.1243 OF 2019 OF THE FAMILY COURT, KOTTAYAM
PETITIONER/RESPONDENT IN O.P.NO.1243/2019:

         SUBIN STEPHEN, AGED 33 YEARS
         S/O.STEPHEN M.THOMAS, MADATHIL HOUSE, CHERPUNKAL
         P.O., KOTTAYAM DISTRICT.

         BY ADVS.M.SANTHI (K/868/2011)
         G.RANJU MOHAN


RESPONDENT/PETITIONER IN O.P.NO.1243/2019:

         ASHLY ANN JOSE, AGED 28 YEARS,
         D/O.JOSE C.LUKOSE, OTTAKKATTIL HOUSE, KAIPPUZHA
         P.O., KOTTAYAM DISTRICT - 686 602.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                   -2-
O.P.(FC)No.650 of 2021



                            JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the respondent-husband in

O.P.No.1243 of 2019 on the file of the Family Court, Kottayam

at Ettumanoor, which was one filed by the respondent herein-

wife seeking a decree of divorce of the marriage solemnised

between the parties on 06.08.2018. 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 to set aside Ext.P4 order dated 21.10.2021

of the Family Court, Ettumanoor in I.A.No.1 of 2021 in

O.P.No.1243 of 2019, whereby the interim application filed by

the respondent herein for time bound disposal of that original

petition stands dismissed. The petitioner has also sought for a

direction to the Family Court, Ettumanoor to dispose of

O.P.No.1243 of 2019 within a time limit to be fixed by this

Court.

2. On 03.01.2022, when this original petition came up

for admission, this Court issued notice before admission to the

O.P.(FC)No.650 of 2021

respondent by speed post. The petitioner was also permitted

to serve notice on the respondent through her counsel before

the Family Court and produce the receipt.

3. On 01.11.2022, when this original petition came up

for consideration along with O.P(FC)No.646 of 2021, this

Court noticed that the notice issued to the respondent by

speed post returned with an endorsement 'addressee left

India'. Instead of serving notice on the learned counsel, who

represented the respondent before the Family Court,

Kottayam at Ettumanoor in O.P.Nos.1242 and 1243 of 2019,

the learned counsel for the petitioner sent a copy of the

original petition to the said counsel by registered post, on

04.01.2022, and filed a memo dated 04.01.2022 producing

therewith the postal receipt.

4. Today, when this original petition is taken up for

consideration, the learned counsel for the petitioner would

submit that the Family Court, Kottayam at Ettumanoor has

already disposed of O.P.No.1243 of 2019.

In such circumstances, recording the aforesaid

O.P.(FC)No.650 of 2021

submission made by the learned counsel for the petitioner,

this original petition is dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/4/11

O.P.(FC)No.650 of 2021

APPENDIX OF OP (FC) 650/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF O.P.NO.1243/2019 ON THE FILES OF THE FAMILY COURT, ETTUMANOOR.

Exhibit P2 TRUE COPY OF THE JUDGMENT OF DIVORCE DATED 19/04/2021 PASSED BY THE ROCKLAND COUNTRY CLERK'S OFFICE.

Exhibit P3 TRUE COPY OF THE ORDER DATED 21/10/2021 IN I.A.NO.1/2021 IN O.P.NO.1243/2019 ON THE FILES OF THE FAMILY COURT, ETTUMANOOR.