Tony Stephen vs Josna Antony
2024 Latest Caselaw 27804 Ker

Kerala High Court

Tony Stephen vs Josna Antony on 13 September, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

OP(CRL.) NO. 652 OF 2024

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                                                      2024:KER:70171
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                        OP(CRL.) NO. 652 OF 2024

     AGAINST THE ORDER/JUDGMENT DATED IN MC NO.76 OF 2020 OF

FAMILY COURT, ALAPPUZHA

PETITIONER:

            TONY STEPHEN
            AGED 34 YEARS
            S/O STEPHEN, KANAYIL HOUSE, PURAKKAD P.O., ALAPPUZHA,
            PIN - 688561


            BY ADV AKHIL VIJAY


RESPONDENT:

            JOSNA ANTONY
            AGED 30 YEARS
            D/O MATHEW ANTONY PERMANENTLY RESIDING AT MADAPURACKAL
            HOUSE, VEZHAPRA P.O., KUTTANADU TALUK, ALAPPUZHA NOW
            RESIDING AT MAADAPURACKAL HOUSE, MALAKUNNAM P.O.,
            CHANAGANASSERY TALUK, KOTTAYAM, PIN - 686535




            SRI. C.N. PRABHAKARAN (PP)


     THIS     OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 652 OF 2024

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                                                                  2024:KER:70171
                      BECHU KURIAN THOMAS, J.
                   ---------------------------------------------
                       OP(CRL) NO. 652 OF 2024
                 -------------------------------------------------
              Dated this the 13th day of September, 2024


                                   JUDGMENT

Petitioner is the respondent in M.C. No.76/2022 before the Family

Court, Alappuzha. An ex-parte order was issued by the Family Court in the

said case. Petitioner has filed an application to set aside the ex-parte order

after condoning the delay of 269 days. Despite the said application, filed as

M.P.No.118/2024 and M.P. No.119/2024 in M.C.No.76/2022, no orders have

been passed. The limited relief now sought for by the petitioner is for a

direction to consider and dispose of the said petitions.

2. Having heard the counsel for the petitioner, I am of the view that

this Original Petition can be disposed of with a direction after dispensing with

notice to the respondent.

3. In view of pendency of the two petitions as M.P. No.118 and M.P.

No.119/2024 in M.C. No.76/2022, there will be a direction to the Family

Court, Alappuzha to consider those petitions, in a time bound manner at any

rate within an outer period of three months from the date of receipt of a

certified copy of this judgment.

With these observations, the above Original Petition is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE Nsd OP(CRL.) NO. 652 OF 2024

2024:KER:70171 APPENDIX OF OP(CRL.) 652/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN M.P. NO. 118/2024 IN M.C. 76/2022 DATED 15/03/2024

Exhibit P2 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN M.P. NO/119/2024 IN M.C.

Exhibit P3 A TRUE COPY OF THE PETITION FILED IN M.P. NO.

278/2024 IN M.C. 76/2022 DATED 23/07/2024

Exhibit P4 A TRUE COPY OF THE PETITION NUMBERED AS M.P. NO. 279/2024 IN M.C. 76/2022 DATED 27/07/2024