Praveen vs Abirami Js
2024 Latest Caselaw 30713 Ker

Kerala High Court

Praveen vs Abirami Js on 30 October, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                                     2024:KER:81219

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
         THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
                     OP (FC) NO. 659 OF 2024
  AGAINST THE ORDER IN I.A.NO.1/2023 IN OP NO.29 OF 2023 OF
                       FAMILY COURT,KOLLAM

PETITIONERS/PETITIONERS/PETITIONERS:

    1    PRAVEEN, AGED 26 YEARS, S/O KOMALAVALLI,
         VALIYAKUNNU KUTHIRAAMAN THARAYIL, VALIYAKUNNU
         P.O, IRIMBILIYAM VILLAGE, MALAPPURAM DISTRICT,
         PIN - 676552

    2    KOMALAVALLI, AGED 55 YEARS, W/O HARIDAS,
         POTTAKKAT HOUSE, VALIYAKUNNU KURUTHIRAAMAN
         THARAYIL, VALIYAKUNNU P.O, IRIMBILIYAM VILLAGE,
         MALAPPURAM DISTRICT, PIN - 676552

         BY ADV BIMALA BABY


RESPONDENTS/RESPONDENTS/RESPONDENTS:

    1    ABIRAMI J.S., AGED 21 YEARS, D/O JAYAGEETHA,
         PRASAD NIVAS, SNEHANAGAR 151 ULIYAKOVIL P.O,
         KOLLAM EAST VILLAGE, KOLLAM DISTRICT,
         PIN - 691019

    2    M R JAYAGEETHA, AGED 50 YEARS, W/O SHIVAPRASAD,
         PRASAD NIVAS, SNEHANAGAR 151 ULIYAKOVIL P.O,
         KOLLAM EAST VILLAGE, KOLLAM DISTRICT,
         PIN - 691019


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
30.10.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                        2024:KER:81219
OP(FC) 659/24
                                  2


                             JUDGMENT

Devan Ramachandran, J.

The petitioners singularly pray that the learned Family Court,

Kollam, be directed to dispose of I.A.No.1/2023 in

O.P.No.29/2023, produced as Ext.P2 herein, within a time frame

to be fixed by this Court.

2. Hearing Smt.Bimala Baby - learned counsel for the

petitioners on the afore lines, we had called for a Report from the

learned Family Court, Kollam, which is now available before us.

3. The learned Family Court has informed us that 'due to

heavy pendency of cases, including a great number of cases

wherein the Hon'ble High Court have fixed time limit for disposal

and another 100 cases for speedy disposal under Apaar-DJ, I

request that at least 1 month's time may kindly be granted for

disposing of I.A.No.1/2023 in O.P.No.29/2023' (sic).

4. We propose to accede to the afore requested time

frame, since Smt.Bimala Baby also does not oppose it.

2024:KER:81219 OP(FC) 659/24

In the afore circumstances, this Original Petition is allowed,

directing the learned Family Court, Kollam, to take up

I.A.No.1/2023 in O.P.No.29/2023 and dispose it of as per law,

after affording necessary opportunity to both sides; thus

culminating in an appropriate final order thereon, as expeditiously

as is possible, but not later than one month from the date of

receipt of a copy of this judgment.

We clarify that we have not entered into the merits of any

of the rival contentions and that all of them are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE RR 2024:KER:81219 OP(FC) 659/24

APPENDIX OF OP (FC) 659/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.P NUMBERED 29/2023 FILED BEFORE THE HON'BLE FAMILY COURT, KOLLAM DATED 09/01/2023

Exhibit P2 TRUE COPY OF THE IA NO. 1/2023 IN OP NO.

29/2023 DATED 09/01/2023