Citation : 2024 Latest Caselaw 31581 Ker
Judgement Date : 5 November, 2024
2024:KER:81989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA,
1946
OP (FC) NO. 665 OF 2024
OP NO.622/2022, FAMILY COURT, IRINJALAKUDA
PETITIONER/ORIGINAL PETITIONER:
SOORAJ GEORGE, AGED 39 YEARS,
S/O. THEKKEKKARA ALOOKKARAN @
ALOOKKARAN GEORGE, PULLUR P.O,
CHALAMPADAM DESOM, MUKUNDAPURAM TALUK,
THRISSUR DT., PIN - 680683.
BY ADV A.HAROON RASHEED
RESPONDENT/RESPONDENT:
EVINA JOSE, AGED 30 YEARS
D/O. KAVIL JOSE, KAVIL HOUSE,
KALLUR P.O, KALLUR VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680317.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:81989
OP (FC) NO. 665 OF 2024
-2-
JUDGMENT
Devan Ramachandran, J.
Even though the petitioner singularly
pleads that the learned Family Court,
Irinjalakkuda, be directed to dispose of
O.P.No.622/2022, along with O.P.Nos.711/2019 and
714/2019, within a time frame to be fixed by
this Court, his learned counsel - Sri.Haroon
Rasheed, conceded that his client has already
moved Ext.P6 application for such purpose before
the said Court.
2. Obviously, we cannot intervene at
this stage; and as we have been consistently
saying in such matters, it would not be prudent
for us to fix any time frame for the learned
Family Court to dispose of matters finally, 2024:KER:81989 OP (FC) NO. 665 OF 2024
since we are fully aware of the workload that it
endures.
3. However, since the petitioner says
that he has preferred Ext.P6 application and
asserts that it has been numbered as
I.A.No.5/2024, we are of the view that we will
be justified in directing the learned Family
Court to dispose of the same, after hearing both
sides, particularly because the petitioner
appears to cite his impending overseas travel
for education and employment, as the reason for
his prayer.
In the afore circumstances, we allow this
Original Petition to the limited extent of
directing the learned Family Court to take up
Ext.P6 application - if it is still pending; and
dispose of the same, after affording necessary 2024:KER:81989 OP (FC) NO. 665 OF 2024
opportunities to both sides; thus culminating in
an appropriate order thereon, as expeditiously
as is possible, but not later than three weeks
from the date of receipt of a copy of this
judgment.
Needless to say, even though we have not
fixed any time frame for disposal of the
Original Petition by the learned Family Court,
it will be up to it to choose to do so as per
law, adverting to all relevant and germane
aspects.
Sd/-
DEVAN RAMACHANDRAN JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
2024:KER:81989
OP (FC) NO. 665 OF 2024
APPENDIX OF OP (FC) 665/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION O.P NO.
622/2022 OF THE FAMILY COURT, IRINJALAKKUDA FILED BY THE PETITIONER SEEKING DECREE OF DIVORCE
EXHIBIT P2 TRUE COPY OF THE PETITION O.P NO.
711/2019 OF THE FAMILY COURT, IRINJALAKKUDA FILED BY THE RESPONDENT SEEKING DECREE OF DIVORCE
EXHIBIT P3 TRUE COPY OF THE PETITION O.P NO.
714/2019 OF THE FAMILY COURT, IRINJALAKKUDA FILED BY THE RESPONDENT CLAIMING RETURN OF MONEY AND ORNAMENTS AS WELL AS HOUSE HOLD ARTICLES
EXHIBIT P4 TRUE COPY OF THE OBJECTION IN O.P NO.
622/2022 OF THE FAMILY COURT, IRINJALAKKUDA FILED BY THE RESPONDENT
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 9/12/2022 IN O.P (FC) 624/2022 OF HIGH COURT OF KERALA
EXHIBIT P6 TRUE COPY OF PETITION I.A NO. 5/2024 IN 622/2024 DATED 16/8/2024 PENDING BEFORE THE FAMILY COURT, IRINJALAKKUDA
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