Kerala High Court
Gokul K.P vs Anusha T on 3 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:73707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP (FC) NO. 604 OF 2024
AGAINST THE ORDER IN I.A.3/2024 DATED 12.07.2024 IN OP
NO.3336 OF 2022 OF FAMILY COURT,ERNAKULAM
PETITIONERS/RESPONDENTS:
1 GOKUL K.P., AGED 30 YEARS, S/O RAVEENDRAN,
RESIDING AT POOLAKANDY HOUSE, VENGERI P.O,
KANNADIKKAL, KOZHIKODE 673010, REPRESENTED
BY THE POWER OF ATTORNEY HOLDER, SUSHMA,
AGED 60 YEARS, W/O. RAVEENDRAN RESIDING AT
POOLAKANDI HOUSE, VENGERI P.O., KANNADIKKAL,
KOZHIKODE, PIN - 673010
2 SUSHMA, AGED 60 YEARS, W/O RAVEENDRAN RESIDING
AT POOLAKANDI HOUSE, VENGERI P.O, KANNADIKKAL,
KOZHIKODE, PIN - 673010
3 KEERTHANA RAVEENDRAN, AGED 28 YEARS, W/O AJITH,
RESIDING AT POOLAKANDI HOUSE, VENGERI P.O,
KANNADIKKAL, KOZHIKODE, PIN - 673010
BY ADVS.
MITHUN P.
SUMEEN S.
MERIN THOMAS
RESPONDENT/PETITIONER:
ANUSHA T., AGED 26 YEARS, D/O NISHA K.K,
RESIDING AT SATHRIKAM, MANIMOOPANROAD,
VADUTHALAJETTY,VADUTHALA P.O.,ERNAKULAM,
PIN - 682023
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
JUDGMENT
Devan Ramachandran, J.
The petitioners singularly seek that the learned Family Court,
Ernakulam, be directed to dispose of O.P.No.3336/2022 filed by
the respondent - seeking return of gold ornaments and with
certain fiscal claims against them - within a time frame to be
fixed by this Court.
2. Smt.Merin Thomas - learned counsel for the petitioners,
pointed out that her clients did not rush to this Court, but
approached the learned Family Court itself through Ext.P3, seeking
that the hearing of the Original Petition be advanced to a nearer
date and it be thus disposed of. She, therefore, prayed that, either
this Court direct the learned Family Court to dispose of the
Original Petition fixing a time frame; or, in the alternate, that it
be ordered to take up and consider Ext.P3 without any avoidable
delay.
3. As we have been stating in almost all matters where
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Original Petitions are sought to be disposed of at the earliest, the
workload of the learned Family Courts in Kerala is not something
which we can be oblivious of. Obviously, therefore, it is for the
said Court itself to decide whether it can take a case out of them;
which, indubitably, will depend upon many variables, including
the cause projected by the parties.
4. Therefore, we are surely of the view that we will not
be justified in directing the learned Family Court to dispose of the
Original Petition within a time frame to be fixed by this Court;
but that it should take up Ext.P3 and pass orders on it, after
affording necessary opportunity to both sides without any
avoidable delay.
In the afore perspective and since we see no cause to issue
notice to the respondent at this stage - because the directions we
propose herein will not prejudice her in any manner - we dispose
of this Original Petition with the following directions:
a) The learned Family Court is directed to take up Ext.P3
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application of the petitioner and dispose of the same, along with
any other application which may have been filed or to be filed by
him within a period of one week for early hearing of the Original
Petition, after affording necessary opportunity to both sides; thus
culminating in an appropriate order/necessary action thereon,
without any avoidable delay, but not later than one month from
the date of receipt of a copy of this judgment.
b) We however, clarify that we are not directing the
learned Family Court to dispose of the Original Petition within a
time frame, but that it will be up to it to do so, giving it priority,
depending upon the versions of the parties, in terms of the afore
liberty.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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APPENDIX OF OP (FC) 604/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE PETITION IN O.P. NO. 3336 OF
2022 ON THE FILE OF THE FAMILY COURT,
ERNAKULAM DATED 21.7.2022
Exhibit P2 TRUE COPY OF THE COUNTER FILED BY THE
RESPONDENTS IN O.P. NO. 3336 OF 2022
BEFORE THE FAMILY COURT, ERNAKULAM DATED
FEBRUARY, 2024
Exhibit P3 TRUE COPY OF THE PETITION IN I.A. NO. 3
OF 2024 IN O.P. NO. 3336 OF 2022 BEFORE
THE FAMILY COURT, ERNAKULAM DATED
12.7.2024
