Kerala High Court
Soumya Mol.S vs Arun Kumar.A.Nair on 3 April, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP (FC) NO. 162 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPGW NO.841 OF 2020 OF FAMILY
COURT, PATHANAMTHITTA
PETITIONER/S:
SOUMYA MOL.S, AGED 33 YEARS
D/O. SOMANATHAN SOUMYA BHAVAN, MALAYALAPPUZHA THAZHAM
P.O. THAZHAM MURI, MALAYALAPPUZHA VILLAGE, KONNI TALUK
PATHANAMTHITTA, PIN - 689666
BY ADV AJEESH K.SASI
RESPONDENT/S:
ARUN KUMAR, AGED 36 YEARS
S/O ARAVINDHASHAN NAIR THEKKINAL HOUSE, NARANGANAM P.O,
NARANGANAM VILLAGE KOZHENCHERRY TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689542
BY ADVS.
ASHRAF E S
K.S.KARUNAMOL(K/318/2006)
OTHER PRESENT:
SRI SAIGI JACOB PALATTY, SR. GP.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.04.2024, ALONG WITH OP (FC).141/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
OP (FC) Nos. 141 & 162 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP (FC) NO. 141 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.475 OF 2022 OF FAMILY
COURT, PATHANAMTHITTA
PETITIONER/S:
SOUMYA MOL.S, AGED 33 YEARS
D/O. SOMAN NAIR SOUMYA BHAVAN, MALAYALAPPUZHA THAZHAM
P.O. THAZHAM MURI, MALAYALAPPUZHA VILLAGE KONNI TALUK,
PATHANAMTHITTA, PIN - 689666
BY ADV AJEESH K.SASI
RESPONDENT/S:
1 ARUN KUMAR.A.NAIR, AGED 36 YEARS
S/O ARAVINDHASHAN NAIR, THEKKINAL HOUSE, NARANGANAM
P.O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689542
2 ARAVINDHAKSHAN NAIR, AGED 66 YEARS
S/O KUNJUKRISHNAN, THEKKINAL HOUSE, NARANGANAM P.O
NARANGANAM VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA
DISTRICT, PIN - 689542
3 ANANDALEKSHMI, AGED 60 YEARS
W/O ARAVINDHAKSHAN NAIR, THEKKINAL HOUSE, NARANGANAM
P.O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689542
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.04.2024, ALONG WITH OP (FC).162/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
OP (FC) Nos. 141 & 162 of 2024
JUDGMENT
(O.P.F.C. No. 162 & 141 of 2024)
P.M.Manoj, J.
The petitioner herein is the petitioner in O.P.(F.C.)No. 141/2024 and
162/2024 on the files of the Family Court, Pathanamthitta. These petitions
have been filed seeking issuance of directions to the Family Court to consider
the application filed by the petitioner in the above Original Petitions and take
the matter to its logical conclusion at the earliest.
2. The petitioner asserts that she has secured a job in Ireland and she
may have to leave the State to pursue her employment overseas. According
to the petitioner, any delay would seriously prejudice the rights of the
petitioner.
3. Adv. Ajeesh K.Sasi, the learned counsel appearing for the petitioner
submitted that the limited request is for issuance of directions to the Family
Court to consider the Exhibit P2 application filed in both the cases in the light
of the observations in Shiju Joy A1.
Shiju Joy A. v. Nisha 2021 (2) KHC 462
OP (FC) Nos. 141 & 162 of 2024
4. In view of the limited nature of the reliefs sought, notice to the
respondent is dispensed with.
5. In Shiju Joy (supra), this Court while issuing guidelines for prompt
and expeditious consideration of matters pending before the Family Courts in
the State had formulated guidelines. It was observed therein that merely
because a litigant has reasons or the resources to approach this Court for
speedy justice, the same cannot be at the peril of those adhering to the
queue. It was also observed that the ritualistic passing of directions for
speedy disposal of proceedings is doing more harm than good to the system
because contested and deserving cases are being left unattended and the
procedure framed by the Family Courts for disposal of cases is getting
unsettled. Untimely interventions are clogging the system. In that view of the
matter, the only relief that can be granted to the petitioner is to consider the
application filed by her in the light of observations in Shiju Joy (supra).
Having regard to the facts and circumstances, this Original Petition is
disposed of directing the Family Court, Pathanamthitta to consider the
pending applications in the light of the directions in Shiju Joy (supra) and
OP (FC) Nos. 141 & 162 of 2024
initiate measures to take the matter to its logical conclusion.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
OP (FC) Nos. 141 & 162 of 2024
APPENDIX OF OP (FC) 141/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER SEEKING RETURN OF MONEY AND GOLD
ORNAMENTS AS O.P.NO.475/2022 BEFORE THE
FAMILY COURT, PATHANAMTHITTA.
Exhibit P2 TRUE COPY OF I.A.NO.1/2024 IN O.P.NO.475/2022
DATED 09.02.2024 SEEKING EARLY DISPOSAL FILED
BY THE PETITIONER BEFORE THE FAMILY COURT,
PATHANAMTHITTA.
OP (FC) Nos. 141 & 162 of 2024
APPENDIX OF OP (FC) 162/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITION FILED BY THE
PETITIONER SEEKING TO APPOINT HER AS GUARDIAN
OF THE MINOR CHILD AND ALSO FOR GETTING THE
CUSTODY OF THE MINOR CHILD AS
O.P.(G&W)NO.841/2020 BEFORE THE FAMILY COURT,
PATHANAMTHITTA
Exhibit P2 TRUE COPY OF I.A. NO. 9/2024 DATED 09.02.2024
SEEKING EARLY DISPOSAL OF O.P.(G&W)
NO.841/2020, FILED BY THE PETITIONER BEFORE
THE FAMILY COURT, PATHANAMTHITTA
