Kerala High Court
Divya M.S vs Amith on 3 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:66985
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
OP (FC) NO. 553 OF 2024
AGAINST THE ORDER IN I.A.NO.53/2024 IN GOP NO.1537 OF 2016
OF FAMILY COURT,THRISSUR
PETITIONER:
DIVYA M.S., AGED 31 YEARS, D/O SUKUMARAN,
MONEKATTU HOUSE, KANNARADESOM, NEAR
COMPANYPADI, KANNARA P.O.,THRISSUR DISTRICT
REPRESENTED BY SUKUMARAN.M.N, AGED 71 YEARS,
S/O NARAYANAN, MONEKKATTU HOUSE, COMPANYPADI,
KANNARA, PEECHI, THRISSUR-, PIN - 680652
BY ADVS.
PRAVEEN K. JOY
E.S.SANEEJ
FATHIMA SHALU S.
ABISHA.E.R
ALBIN VARGHESE
MEGHA G.
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
NINSIYA BASHEER
LAKSHMI K.S.
RESPONDENT:
AMITH, AGED 37 YEARS, S/O SOMAN, THANDASSERY
HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU VILLAGE,
PAZHUVIL P.O WEST, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680563
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(FC) 553/24
2
JUDGMENT
Devan Ramachandran, J.
The petitioner makes a singular plea that the learned Family
Court, Thrissur, be directed to take up and dispose of Ext.P8
application, within a time frame to be fixed by this Court.
2. Sri.Praveen K. Joy - learned counsel for the petitioner,
explained that Ext.P8 application was preferred by his client,
seeking that the medical examination of his minor son be ordered
to be done, so that his visa for travelling abroad can be
processed. He argued that, by causing delay, even in considering
the said application, the entire purpose would be lost.
3. Since the limited plea of the petitioner is only as afore,
we see no reason why it should not be allowed. However, this
cannot be construed to mean that we are ordering the learned
Family Court to decide Ext.P8 in a particular manner, but only
that it be considered as per law at the earliest.
In the afore circumstances and without prejudice to the
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OP(FC) 553/24
contentions of either of the sides, we allow this Original Petition
and direct the learned Family Court, Thrissur, to take up Ext.P8
application and dispose of the same, after affording necessary
opportunity to both sides and considering their rival contentions,
as expeditiously as is possible, but not later than three weeks
from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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OP(FC) 553/24
APPENDIX OF OP (FC) 553/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE MEDIATION
AGREEMENT IN GOP NO. 1537/2016 DATED
03.03.2017 OF FAMILY COURT THRISSUR
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER IN GOP NO.
1537/2016 DATED 24.04.2017 OF THE FAMILY
COURT THRISSUR
Exhibit P3 TRUE PHOTOCOPY OF THE ORDER IN OP NO.
2178/2017 DATED 12.04.2018 OF THE FAMILY
COURT THRISSUR
Exhibit P4 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA
NO. 3707/2019 AND IA NO. 4070/2019 IN
GOP NO. 1537/2016 OF FAMILY COURT,
THRISSUR
Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT IN OP(FC)
319/2023 DATED 24.08.2023
Exhibit P6 TRUE PHOTOCOPY OF THE COMMON ORDER IN IA
NO.26/2023, IA NO. 27/2023, IA NO.
28/2023, IA NO. 29/2023, IA NO. 31/2023,
IA NO.20/2022 AND IA NO.40/2023 IN OP
NO. 1537/2016 OF THE FAMILY COURT,
THRISSUR DATED 04.11.2023
Exhibit P7 TRUE PHOTOCOPY OF THE COMMON JUDGMENT IN
OP(FC) NO.683/2023, OP(FC) NO.63/2024
AND OP(FC) NO.108/2024 DATED 23.02.2024
Exhibit P8 TRUE PHOTOCOPY OF THE PETITION NUMBERED
AS IA NO.53/2024 IN GOP NO.1537/2016 OF
FAMILY COURT THRISSUR
Exhibit P9 TRUE PHOTOCOPY OF THE COUNTER IN IA
NO.53/2024 IN GOP NO.1537/2016 OF FAMILY
COURT THRISSUR
