Gokul K.P vs Anusha T
2024 Latest Caselaw 31121 Ker

Kerala High Court

Gokul K.P vs Anusha T on 1 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                         &

             THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

    FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                            OP (FC) NO. 668 OF 2024

     AGAINST OP NO.2120 OF 2022 OF FAMILY COURT,ERNAKULAM

PETITIONER/RESPONDENT:

            GOKUL K.P., AGED 28 YEARS
            S/O RAVEENDRAN, RESIDING AT POOLAKANDY HOUSE, VENGERI
            P.O, KANNADIKKAL, KOZHIKODE 673010,REPRESENTED BY THE
            POWER OF ATTORNEY HOLDER, SUSHMA,AGED 57 YEARS,
            W/O RAVEENDRAN RESIDING AT POOLAKANDY HOUSE, VENGERI
            P.O, KANNADIKKAL, KOZHIKODE, PIN - 673010

            MITHUN P.
            SUMEEN S.
            MERIN THOMAS




RESPONDENT/PETITIONER:

            ANUSHA T, AGED 26 YEARS
            D/O NISHA K.K, RESIDING AT SATHRIKAM,MANIMOOPAN
            ROAD,VADUTHALAJETTY, VADUTHALA P.O., ERNAKULAM, PIN -
            682023



     THIS   OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                     2024:KER:81115
OP (FC) NO. 668 OF 2024

                                  2



                              JUDGMENT

Devan Ramachandran, J.

Though the petitioner seeks that OP No.2120/2022

pending before the learned Family Court, Ernakulam, be

directed to be disposed of within a time frame to be fixed by this

Court, it is conceded by his learned counsel - Smt.Merin Thomas,

that her client has also filed Ext.P2 application, namely

I.A.No.3/2024, seeking the same relief before the Trial Court.

2. As we have been saying consistently in requests

seeking earlier disposal of original petitions, this Court cannot

do so, oblivious to the large number of cases pending before the

various Family Courts in Kerala.

3. Obviously, all we can do is to direct the learned

Family Court to consider I.A.No.3/2024, after hearing both sides

and to take a decision on it, without any avoidable delay.

4. In such perspective, we allow this original petition to

the limited extent of directing the learned Family Court to take

up I.A.No.3/2024 in OP No.2120/2022 (Ext.P2) and dispose of

the same, after hearing both sides, as expeditiously as is

possible, but not later than one month from the date of receipt of 2024:KER:81115 OP (FC) NO. 668 OF 2024

a copy of this judgment.

Needless to say, even though we have not directed the

learned Family Court to dispose of the Original Petition itself

within a time frame, it will be up to it to decide an apposite time

frame for such purpose.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- M.B. SNEHALATHA JUDGE stu 2024:KER:81115 OP (FC) NO. 668 OF 2024

APPENDIX OF OP (FC) 668/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITION IN O.P. NO. 2120 OF 2022 FILED BY THE RESPONDENT BEFORE THE HONOURABLE FAMILY COURT ERNAKULAM DATED FEBRUARY, 2022

Exhibit P2 TRUE COPY OF THE I.A NO 3 OF 2024 IN THE O.P. NO 2120 OF 2022 BEFORE THE FAMILY COURT, ERNAKULAM DATED 12/07/2024