Kerala High Court
Anoop vs Asha T on 5 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
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP (FC) NO. 237 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.714 OF 2020 OF FAMILY
COURT, ATTINGAL
PETITIONER/S:
1 ANOOP, AGED 39 YEARS, S/O. VIDHYADHARAN,
PUTHENPURACKAL HOUSE, PALLIKKAL,
ADOOR,THENGAMOM P.O,PATHANAMTHITTA,PIN - 690522
2 VASANTHA, AGED 62 YEARS
W/O VIDHYADHARAN, PUTHENPURACKAL HOUSE,
PALLIKKAL,ADOOR, THENGAMOM P.O,
PATHANAMTHITTA, PIN - 690522
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
ELIZABETH KOSHY
BONNY BABY
SRUTHI SUNILKUMAR
C.GOKULKRISHNAN
RESPONDENT/S:
ASHA T, AGED 36 YEARS
D/O. AJAYAKUMAR,SASI VILASAM,
SREENIVASAPURAM, VARKALA, SREENIVASAPURAM P.O,
THIRUVANATHAPURAM DISTRICT, PIN - 69514
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP(FC) No.237 of 2024
JUDGMENT
P.M.Manoj, J.
This Original Petition is preferred by the respondents in O.P.No.714
of 2020 on the files of the Family Court, Attingal. The above petition
has been filed by the wife of the 1st petitioner herein claiming return of
the gold ornaments and money entrusted at the time of marriage. The
2nd petitioner herein is the mother of the 1st petitioner. The petitioners
state that the respondent has also preferred M.C.No.157 of 2020
seeking maintenance, and O.P.No.1134 of 2020 seeking dissolution of
marriage.
2. Adv.P.M.Joshi, the learned counsel for the petitioner
submitted that the pleadings are complete and all that remains is the
commencement and conclusion of the trial. It is submitted that the
petitioners have preferred an application for joint trial and the same
was allowed by order dated 5/9/2023 and the Court has treated O.P.
No. 714 of 2020 as the leading case. It is submitted that the petitioner
has also filed I.A.No.2 of 24 seeking to expedite the trial and conclude
the same within a period of 3 months. The learned counsel submits that
the petitioner would be satisfied if the Family Court is directed to
consider the application in light of the law laid down in Shiju Joy1.
3. In view of the limited nature of the reliefs sought, notice to
the respondent is dispensed with.
4. In Shiju Joy (supra), this Court has formulated guidelines to
be borne in mind by the Family Court for prompt and expeditious
consideration of matters. 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
Shiju Joy A. v. Nisha [2021 (2) KHC 462]
observations in Shiju Joy (supra).
Having considered the facts and circumstances and the submissions
advanced, this Original Petition is disposed of directing the Family
Court, Attingal to consider the prayers in I.A No.2 of 2024 in the light of
the observations in Shiju Joy (supra), and initiate appropriate steps to
expedite the matter.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
APPENDIX OF OP (FC) 237/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION(OP NO. 714/2020)
DATED 30-06-2020 AGAINST THE PETITIONER AND
HIS MOTHER BEFORE THE FAMILY COURT, ATTINGAL
Exhibit P2 TRUE COPY OF THE OBJECTION DATED 5-9-23 IN O.P
Exhibit P3 TRUE COPY OF THE PETITION (MC NO. 157/2020)
DATED 30-06-2020 AGAINST THE PETITIONER BEFORE
THE FAMILY COURT, ATTINGAL
Exhibit P4 TRUE COPY OF THE OBJECTION DATED 5-10-23 IN
M.C.NO.157/20 BEFORE THE FAMILY COURT,
ATTINGAL
Exhibit P5 TRUE COPY OF THE PETITION O.P. (H.M)
NO.1134/2020 DATED 30- 09-2020 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT, ATTINGAL
Exhibit P6 TRUE COPY OF THE OBJECTION DATED NIL IN O.P.
(H.M) NO.1134/2020 BEFORE THE FAMILY COURT,
ATTINGA
Exhibit P7 TRUE COPY OF THE PETITION, I.A NO.2/2024 DATED
04 -03-2024 IN O.P. NO.714/2020
