Kerala High Court
Dr. Anoop Anirudhan vs Trisha Deverajan on 20 June, 2024
Author: 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
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
OP (FC) NO. 383 OF 2024
OPGW NO.572 OF 2022 OF FAMILY COURT, NEDUMANGAD
PETITIONER/PETITIONER:
DR. ANOOP ANIRUDHAN, AGED 54 YEARS
CG 23, CINNAMON GARDEN, VAZHAYILA, KARAKULAM P.O,
THIRUVANANTHAPURAM, PIN - 695564
BY ADVS.
SAIJO HASSAN
NAGARAJ NARAYANAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
U.M.HASSAN
V.P.REJITHA
SARITHA K.
PHILLIP VARGHESE THOMAS
MEERA J. MENON
DHEERAJ BABY
NITIN S.
RESPONDENTS/RESPONDENTS:
1 TRISHA DEVERAJAN, AGED 44 YEARS, CG 108L AND T, SOUTH
CITY OFF BG ROAD, AREKEREMICO LAYOUT, BANGALORE ALSO
HAVING ADDRESS AT KGRA 126, KG LANE, VAZHAYILA,
PEROORKADA P.O, THIRUVANANTHAPURAM AND FURTHER HAVING
ADDRESS AT "SAMATVAM", C-3, C ST., SREERANGAM LANE,
ALTHARANAGAR, SASTHAMANGALAM, THIRUVANANTHAPURAM FROM
CG 28, CINNAMON GARDEN, VAZHAYILA, KARAKULAM P.O,
THIRUVANANTHAPURAM, PIN - 695564
2 SUSMITHA MARYAM, C3 108 L AND T, SOUTH CITY OFF BG
ROAD, AREKEREMICO LAYOUT, BANGALORE, PIN - 560076
3 ZUBAIR PATEL, C3 108 L AND T, SOUTH CITY OFF BG ROAD,
AREKEREMICO LAYOUT, BANGALORE, PIN - 560076
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OPFC No.383 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the petitioner in O.P (G&W) No.572/2022
on the files of the Family Court, Nedumangad. The said petition has
been filed seeking to declare that the petitioner is the legal guardian of
the minor children, who are aged 13 and 9 years respectively and for
permanent custody. The grievance of the petitioner is that proceedings
are pending with no end in sight. His limited prayer in this petition is
for issuance of directions to the court to take up and dispose of the
matter at the earliest.
2. Sri. Saijo Hassan, the learned counsel appearing for the
petitioner submits that the petitioner has already approached the
Family Court and has filed I.A. No.5/2024 seeking to advance the case
and to expedite the matter in the light of the law down in Shiju Joy1.
He also points out that various other applications filed by the petitioner
for interim orders are also pending.
3. We have considered the submissions advanced.
Shiju Joy A. v. Nisha [2021 (2) KHC 462]
4. In view of the limited nature of the relief sought for, notice
to the respondent is dispensed with.
5. In Shiju Joy (supra), this Court while issuing directions 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 direct the Family Court to consider
the application filed by her in the light of observations in Shiju Joy
(supra).
4. As the petitioner already approached the Family Court and
filed an application seeking expeditious consideration it would only be
the fitness of things for the Family Court to consider the same and take
appropriate decision in the light of Shiju Joy.
In that view of the matter, this Original Petition is disposed of
directing the Family Court, Nedumangad, to consider the application
filed by the petitioner for expeditious disposal in the light of the
observations in Shiju Joy (supra) and initiate appropriate steps.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
ncd
APPENDIX OF OP (FC) 383/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE O.P (G&W) 572/2022 FILED BY
THE PETITIONER DATED 27-04-2022 BEFORE THE
FAMILY COURT, NEDUMANGADU
Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE 1ST
RESPONDENT IN O.P (G&W) 572/2022 DATED
24.04.2023 BEFORE THE FAMILY COURT,
NEDUMANGADU
Exhibit P3 TRUE COPY OF O.P(G&W) 471/2022 FILED BY THE
RESPONDENT DATED 12.03.2019 BEFORE THE FAMILY
COURT, NEDUMANGADU
Exhibit P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE PETITIONER IN O.P(G&W) 471/2022 DATED
26.11.2019 BEFORE THE FAMILY COURT,
NEDUMANGADU
Exhibit P5 TRUE COPY OF THE IA 4/2024 FILED BY THE
PETITIONER IN O.P (G&W) 572/2022 DATED
24.04.2023 BEFORE THE FAMILY COURT,
NEDUMANGADU
Exhibit P6 TRUE COPY OF THE IA 5/2024 FILED BY THE
PETITIONER IN O.P (G&W) 572/2022 DATED
18.04.2024 BEFORE THE FAMILY COURT,
NEDUMANGADU
Exhibit P7 TRUE COPY OF THE IA NO.6/2024 IN OP (G&W) NO.
572/2022 BEFORE THE FAMILY COURT, NEDUMANGADU
TO CONDUCT JOINT TRIAL OF OP (G&W) NO.
471/2022 AND OP (G&W) NO. 572/2022 DATED
18.04.2024 BEFORE THE FAMILY COURT,
NEDUMANGADU
