Divyaunni vs Rajith
2023 Latest Caselaw 1236 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                  OP (FC) NO. 29 OF 2023
      SPEEDY DISPOSAL OF I.A.NOS.3 AND 4 OF 2022 IN
 G.O.P.NO.2234 OF 2019 ON THE FILE OF THE FAMILY COURT,
                          THRISSUR
PETITIONER:

         DIVYAUNNI
         AGED 25 YEARS
         D/O UNNIKRISHNAN, PALLAKKATTU HOUSE, MEENIKKODE
         DESOM, PATTIPARAMBU P.O., THIRUVILWAMALA
         VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT,
         PIN - 680588.
         BY ADVS.
         ANAND KALYANAKRISHNAN
         C.DHEERAJ RAJAN


RESPONDENT:

         RAJITH,
         AGED 26 YEARS, S/O RADHAKRISHNAN, THENGINGAL
         HOUSE, CHOOLANNOOR P.O., PERINGOTTKURUSHI
         VILLAGE, DESOM, ALATHUR TALUK, PALAKKAD
         DISTRICT, PIN - 678574.

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                   2
O.P.(F.C.) No.29 of 2023


                             JUDGMENT

P.G. Ajithkumar, J.

The petitioner seeks a direction to the Family Court,

Thrissur to dispose of Exts.P5 and P6 (I.A.Nos.3 of 2022 and 4

of 2022 in G.O.P.No.2234 of 2019) within a time fixed by this

Court.

2. Considering the nature of relief proposed to be

granted, service of notice on the respondent is dispensed with.

3. Heard the learned counsel appearing for the

petitioner.

4. The petitioner is the wife of the respondent. Their

marriage was solemnised on 04.03.2015. There arose marital

discord, following which the petitioner had filed O.P.No.162 of

2017. There has been a mediation agreement with regard to the

custody of their child. Although the stipulations therein were

being complied with by the petitioner, the respondent had filed

G.O.P.No.2234 of 2019 seeking permanent custody of the child.

The petitioner received notice in that O.P., but she could not

appear before the court due to the restrictions on account of

COVID-19 pandemic. An exparte decree dated 20.03.2021 was

O.P.(F.C.) No.29 of 2023

passed in the said G.O.P. The petitioner therefore filed I.A.No.4

of 2022 seeking to set aside the said exparte decree. There is a

delay of 554 days in filing I.A.No.4 of 2022. She filed I.A.No.3 of

2022 seeking to condone the said delay. Pending consideration

of the said interlocutory applications, the respondent has been

taking steps to execute the exparte decree for which he filed

E.P.No.76 of 2022. The apprehension of the petitioner is that if

the decree is executed before disposal of Exts.P5 and P6, that

will work out injustice to the child and his welfare will be at peril.

She therefore seeks a direction to the Family Court, Thrissur to

dispose of Exts.P5 and P6 on an early date.

5. Having considered the contentions of the petitioner in

detail, we are of the view that there shall be a direction to the

Family Court, Thrissur to dispose of Exts.P5 and P6 applications

expeditiously. Accordingly, this Original Petition is disposed and

the Family Court, Thrissur is directed to dispose of Exts.P5 and

P6 (I.A.Nos.3 of 2022 and 4 of 2022 in G.O.P.No.2234 of 2019)

within one month from the date of production of a certified copy

of the judgment. The Family Court is further directed to keep in

abeyance the further proceedings in E.P.No.76 of 2022 in

O.P.(F.C.) No.29 of 2023

G.O.P.No.2234 of 2019 till the disposal of Exts.P5 and P6

applications.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(F.C.) No.29 of 2023

APPENDIX OF OP (FC) 29/2023

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT DATED 07.10.2017 EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 08.10.2018 IN OP 570/2018 ON THE FILES OF FAMILY COURT, THRISSUR EXHIBIT P3 THE TRUE COPY OF THE MEMORANDUM IN GOP 2234/2019 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, THIRSSUR EXHIBIT P4 THE TRUE COPY OF THE EXPARTE DECREE DATED 20.03.2021 IN GOP 2234/2019 ON THE FILES OF FAMILY COURT, THRISSUR EXHIBIT P5 THE TRUE COPY OF IA NO. 4/2022 IN GOP 2234/2019 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P6 THE TRUE COPY OF IA NO. 3/2022 IN GOP 2234/2019 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P7 THE TRUE COPY OF EP 76/2022 IN GOP 2234/2019 ON THE FILES OF FAMILY COURT, THRISSUR EXHIBIT P8 THE TRUE COPY OF THE OBJECTION DATED 05.11.2022 IN EP NO. 76/2022 IN GOP 2234/2019 BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P9 THE TRUE COPY OF THE PETITION EA 250/2022 IN EP NO. 76/2022 DATED 09.11.2022 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P10 THE TRUE COPY OF THE MEDICAL RECORDS PERTAINING TO THE PETITIONER