Athira Mohan vs Arun
2022 Latest Caselaw 10208 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 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                      O.P.(FC) NO. 513 OF 2022
SPEEDY DISPOSAL OF MC 300/2019 OF FAMILY COURT, IRINJALAKUDA
PETITIONERS:

    1        ATHIRA MOHAN,
             AGED 29 YEARS, D/O MOHANADASAN,
             KUTTIPARAMBIL HOUSE, S.N.PURAM VILLAGE,
             P.O. KOTHAPARAMBU, KODUNGALLOOR,
             THRISSUR DISTRICT, PIN - 680668.
    2        NIHARA (MINOR) 1.5 YEARS OLD,
             D/O ARUN, REP BY MOTHER 1ST PETITIONER,
             ATHIRA MOHAN, D/O MOHANADASAN,
             KUTTIPARAMBIL HOUSE, S.N.PURAM, P.O. KOTHAPARAMBU,
             KODUNGALOOR, THRISSUR DISTRICT, PIN - 680668.
             BY ADVS.
             ANOOP KRISHNA
             V.A.PRADEEP KUMAR


RESPONDENTS:

             ARUN
             AGED 33 YEARS, S/O UNNIKRISHNAN,
             ATHIYARATH HOUSE, P.O. KUDAPUZHA,
             THRISSUR DISTRICT, PIN 680307.



     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
15.09.2022,     THE   COURT   ON   THE     SAME   DAY   DELIVERED   THE
FOLLOWING:
                                       2
O.P. (FC) No.513 of 2022


                              JUDGMENT

Ajithkumar, J.

This Original Petition under Article 227 of the

Constitution of India is filed by the petitioners seeking a

direction to the Family Court, Irinjalakuda, to dispose of

M.C.No.300 of 2019 pending before that court within a time

frame fixed by this Court.

2. The 1st petitioner is the wife and the 2 nd petitioner

is her minor daughter, born in her marital relationship with

her husband, the respondent. The petitioners filed M.C.No.300

of 2019 claiming monthly maintenance from the respondent.

The grievance of the petitioners is that the Maintenance Case,

which was filed in 2019, has been prolonged, resulting in

denial of justice to them, especially to the minor child. Due to

the inordinate delay, the petitioners are said to be put to

starvation and hence an early decision in the matter is highly

essential.

3. Heard the learned counsel appearing for the

petitioners. Considering the relief proposed to be granted,

O.P. (FC) No.513 of 2022

service of notice on the respondent is dispensed with.

4. The learned counsel appearing for the petitioners

would submit that not only the main petition claiming

maintenance, but also the application claiming interim

maintenance, Ext.P2 are also pending consideration for quite

long. Since the Maintenance Case was filed in 2019, it is only

appropriate to direct the Family Court to dispose of the same

expeditiously. Considering the nature of the contentions, we

deem it appropriate to direct the Family Court, Irinjalakuda, to

dispose of M.C.No.300 of 2019 within a period of four months

from the date of production of a certified copy of this

judgment.

The Original Petition is disposed of accordingly.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

dkr

O.P. (FC) No.513 of 2022

APPENDIX OF OP (FC) 513/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION IN MC NO 300 OF 2019 ON THE FILE OF THE FAMILY COURT IRINJALAKUDA.

Exhibit P2 THE TRUE COPY OF THE PETITION FOR INTERIM MAINTENANCE MP NO 967 OF 2019 IN MC NO 300 OF 2019 ON THE FILE OF THE FAMILY COURT IRINJALAKUDA.

Exhibit P3 THE TRUE COPY OF THE ADVANCE PETITION MP NO 118 OF 2021 IN MC NO 300 OF 2019 ON THE FILE OF THE FAMILY COURT IRINJALAKUDA.