Soosan Thomas vs Thomas George
2023 Latest Caselaw 648 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 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                 O.P.(FC) NO. 10 OF 2023
 SPEEDY DISPOSAL OF I.A.NO.523 OF 2022 IN O.P.NO.2083 OF
     2020 ON THE FILE OF THE FAMILY COURT,ERNAKULAM
PETITIONER:

         SOOSAN THOMAS,
         AGED 50 YEARS, D/O LATE C.G.GEORGE,
         RESIDING AT 40/917 (35/100), 1ST FLOOR,
         PUTHUVAKKAL BUILDING, PUTHENPURAKKAL ROAD,
         PALARIVATTOM, KOCHI, PIN - 682025.
         BY ADVS.
         THOMAS ABRAHAM
         MERCIAMMA MATHEW
         ASWIN.P.JOHN
         R.ANANTHAPADMANABAN
         PAUL BABY


RESPONDENT:

         THOMAS GEORGE
         AGED 57 YEARS
         S/O GEORGE, RESIDING AT 1ST FLOOR, 35/100,
         PUTHUVAKKAL BUILDING, PUTHENPURAKKAL ROAD,
         PALARIVATTOM, KOCHI, PIN - 682025

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                        2
O.P.(FC) No.10 of 2023


                               JUDGMENT

P.G.Ajithkumar, J.

This Original Petition under Article 227 of the

Constitution of India is filed by the respondent in O.P.No.2083

of 2020 on the files of the Family Court, Ernakulam. The

petitioner filed I.A.No.523 of 2022 in the O.P. seeking an

order directing the respondent to pay an amount of

Rs.25,000/- towards the litigation expenses and Rs.30,000/-

per month as interim alimony. The petitioner seeks to direct

the Family Court, Ernakulam to dispose of Ext.P2 application

within a time frame fixed by this Court.

2. Considering the nature of relief proposed to be

granted, service of notice on the respondent is dispensed

with.

3. The respondent filed O.P.No.2083 of 2020 seeking

a decree of dissolution of marriage between the petitioner and

the respondent solemnised on 09.08.1993. The petitioner on

receipt of the notice entered appearance and filed objection.

The said original petition has been pending consideration of

O.P.(FC) No.10 of 2023

the Family Court. The petitioner and the respondent are now

living separate. Alleging that no maintenance is being paid to

the petitioner, she has filed Ext.P2 application. Considering

the fact that the said application, which was filed in

September, 2021 is yet to be decided, it is only appropriate to

direct the Family Court to dispose of that application

expeditiously.

Accordingly, this Original Petition is disposed of directing

the Family Court, Ernakulam to dispose of Ext.P2, I.A.No.523

of 2021 in O.P.No.2083 of 2020, within one month from the

date of production of a certified copy of the judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(FC) No.10 of 2023

APPENDIX OF OP (FC) 10/2023

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL PETITION NO.2083 OF 2020 PENDING BEFORE THE FAMILY COURT, ERNAKULAM EXHIBIT P2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.523 OF 2021 IN OP NO.2083 OF 2020