Tessa vs Paul
2024 Latest Caselaw 14095 Ker

Kerala High Court

Tessa vs Paul on 28 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
  TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                  OP (FC) NO. 331 OF 2024
                            IN
    OP NO.1081 OF 2019 OF FAMILY COURT, IRINJALAKUDA

PETITIONER/PETITIONER:

          TESSA
          AGED 29 YEARS
          D/O LATE KANNAMBILLY VEETTIL SHAJU
          ANTONY,PARIYARAM VILLAGE AND DESOM,
          CHALAKUDY TALUK, PIN - 680721

          BY ADV T.N.MANOJ


RESPONDENTS/RESPONDENTS:

    1     PAUL
          AGED 31 YEARS
          S/O KOLUTHARA APPACHAN @ VARGHESE,
          ERNAKULUM COLLEGE P.O, T. D ROAD,
          KANAYANNOOR VILLAGE AND DESOM,
          ERNAKULUM TALUK,, PIN - 682035

    2     APPACHAN @VARGHESE
          AGED 63 YEARS
          S/O KOLUTHARA POULOSE T. D ROAD,
          KANAYANNOOR VILLAGE AND DESOM,
          ERNAKULAM TALUK, PIN - 682035

THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                      2
OP(FC) No. 331 of 2024




                                               JUDGMENT

Raja Vijayaraghavan, J.

The petitioner herein is the petitioner in O.P No. 1081 of 2019 on the

files of the Family Court, Irinjalakuda. The respondents in the said petition are

her husband and father-in-law. She has approached this Court seeking issuance

of directions to the Family Court to expeditiously dispose of the Original Petition

along with O.P No.738 of 2021 on the files of the said court.

2. The learned counsel appearing for the petitioner points out that,

in tune with the observations in Shiju Joy1, the petitioner approached the

Family Court and has filed Exts.P3 and P4 applications seeking expeditious

consideration of her petition. According to the learned counsel, the applications

were allowed as well. However, the proceedings have not been concluded in an

expeditious manner.

3. In view of the contentions raised, this Court by order dated

23.05.2024 had sought for a report from the Family Court.

Shiju Joy A. v. Nisha [2021 (2) KHC 462]

4. The report of the Family court is placed before us. From the

report, it appears that an application for amendment has been filed by the

petitioner and the case stands posted to 05.06.2024 for steps and for hearing

the amendment application. The Family Court has opined that the matter can

be disposed of within a period of six months.

5. In that view of the matter, this petition is disposed of directing the

Family Court to act in terms of the report dated 27.05.2024 and take the matter

to its logical conclusion within the time frame stated in the report.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE

APM/28/5/24

APPENDIX OF OP (FC) 331/2024

PETITIONER EXHIBITS

Exhibit.P1 TRUE COPY OF THE OP 1081/2019 DATED 25/11/2019 FILED BEFORE THE FAMILY COURT AT IRINJALAKUDA FILED BY THE PETITIONER.

Exhibit.P2 TRUE COPY OF THE OP 738/20 19 FILED BEFORE THE FAMILY COURT AT IRINJALAKUDA FILED BY THE PETITIONER.

Exhibit.P3 THE TRUE COPY OF THE PETITION IA 3/ 2022, DATED 4/6/2022 FILED BY THE PETITIONER IN OP NUMBER 1081 OF 2019 BEFORE THE FAMILY COURT IRINJALAKUDA.

Exhibit.P4 THE TRUE COPY OF THE PETITION IA 2/ 2022, DATED 4/6/2022 FILED BY THE PETITIONER IN OP NUMBER 1081 OF 2019 BEFORE THE FAMILY COURT IRINJALAKUDA.