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Sooraj George vs Evina Jose
2024 Latest Caselaw 31581 Ker

Citation : 2024 Latest Caselaw 31581 Ker
Judgement Date : 5 November, 2024

Kerala High Court

Sooraj George vs Evina Jose on 5 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                           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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