Kerala High Court
Gopinathan vs Surya.S on 27 May, 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
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
OP (FC) NO. 334 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1655 OF 2022 OF
FAMILY COURT, ATTINGAL
PETITIONER/S:
1 GOPINATHAN, AGED 66 YEARS
S/O NARAYANAN ASARI, K.K.SADANAM, NELLIDAPPARA,
PULIMATH VILLAGE, KATTUMPURAM P.O., KILIMANOOR,
KALLARA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN -
695608
2 VIJAYAMMA, AGED 60 YEARS
W/O GOPINATHAN, K.K.SADANAM, NELLIDAPPARA, PULIMATH
VILLAGE, KATTUMPURAM P.O., KILIMANOOR, KALLARA,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695608
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
1 SURYA.S, AGED 34 YEARS
W/O SHAIBU, K.K.SADANAM, NELLIDAPPARA, PULIMATH
VILLAGE, KATTUMPURAM P.O., KILIMANOOR, KALLARA,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695608
2 SARISHNA, AGED 7 YEARS
D/O SHAIBU, K.K.SADANAM, NELLIDAPPARA, PULIMATH
VILLAGE, KATTUMPURAM P.O., KILIMANOOR, KALLARA,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695608
3 SARUSH, AGED 4 YEARS
S/O SHAIBU, K.K.SADANAM, NELLIDAPPARA, PULIMATH
VILLAGE, KATTUMPURAM P.O., KILIMANOOR, KALLARA,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695608
4 SHAIBU, AGED 38 YEARS
S/O GOPINATHAN, K.K.SADANAM, NELLIDAPPARA, PULIMATH
VILLAGE, KATTUMPURAM P.O., KILIMANOOR, KALLARA,
2
O.P.(F.C.) No.334 of 2024
CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695608
5 SHINY, AGED 36 YEARS
D/O GOPINATHAN, SUNITHA VILASAM, CHERUNARAKAMKODE,
ADAYAMON, THATTATHUMALA, THIRUVANANTHAPURAM, PIN -
695614
6 RAJESH, AGED 42 YEARS
H/O SHINY, SUNITHA VILASAM, CHERUNARAKAMKODE, ADAYAMON,
THATTATHUMALA, THIRUVANANTHAPURAM, PIN - 695614
OTHER PRESENT:
SRI UNNIKRISHNA KAIMAL, SR. GP.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
O.P.(F.C.) No.334 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The above original petition is preferred by respondents 2 and 3 in
O.P.No.1655 of 2022 on the file of the Family Court, Attingal. The
petition before the Family Court was instituted by the daughter-in-law
and two minor grandchildren of the petitioners herein seeking realization
of gold and other ornaments and for incidental reliefs.
2. It is submitted by the learned counsel that the petitioners
had preferred an application as I.A.No.1 of 2024 seeking expeditious
disposal of the matter raising valid grounds to seek such a prayer. Their
prayer in this petition is to issuance of directions to the Family Court to
expedite the proceedings by considering I.A.No.1 of 2024 in the light of
the law laid down in Shiju Joy1.
3. Heard the learned counsel appearing for the petitioners.
4. In Shiju Joy (supra), this Court while issuing guidelines for
Shiju Joy A. v. Nisha [2021 (2) KHC 462]
prompt and expeditious consideration of matters pending before the
Family Courts in the State had 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. In that view of the matter, the only relief that can be granted
to the petitioner is issue directions to the Family Court to consider Ext.P3
application in the light of observations in Shiju Joy (supra).
5. In view of the order that we proposed to pass, notice to the
respondents are dispensed with.
Having regard to the facts and circumstances and the submissions
made across the bar, this Original Petition is disposed of directing the
Family Court, Attingal to consider the prayers in I.A No.1 of 2024 in the
light of the observations in Shiju Joy (supra), and initiate appropriate
steps.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
APPENDIX OF OP (FC) 334/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION IN O.P
NO.1655/2022 OF FAMILY COURT, ATTINGAL
Exhibit P2 TRUE COPY OF THE OBJECTION AND COUNTER CLAIM
FILED BY THE PETITIONERS TO EXT.P1
Exhibit P3 TRUE COPY OF THE PETITION IN I.A NO.1/2024
