The High Court disposed of the petitioner's original petition seeking expeditious disposal of a divorce case pending in the Family Court, Moovattupuzha, and directed disposal within three months.
Direction to the Family Court, Moovattupuzha to dispose of O.P. No. 218 of 2012 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934 OP (FC).No. 1841 of 2012 (R) ---------------------------OP.218/2012 of FAMILY COURT, MUVATTUPUZHA
PETITIONER(S):
PREETHA P.NAIR, AGED 33 YEARS D/O.M.K.PURUSHOTHAMAN NAIR PERMANENTLY RESIDING AT MEKKARA HOUSE TRIKKARIYOOR P.O., TRIKKARIYOOR VILLAGE KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT PIN-686692 REPRESENTED BY POWER OF ATTORNEY (GENERAL) HOLDER AND BROTHER IDRAJITH.P. S/O.M.K.PURUSHOTHAMAN NAIR, DO. DO.
BY ADVS.SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA)
RESPONDENT:
T.S.GANGADHARAN, AGED 37 YEARS S/O.LATE SANKARAN NAIR, THUMPA THAZHATHU VEEDU MARAMPILLI P.O., ALUVA, ERNAKULAM DISTRICT PIN-683107.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(F.C.) 1841 OF 2012
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF GENERAL POWER OF ATTORNEY DATED 03.01.2011 EXECUTED BY THE PETITIONER IN FAVOUR OF HER BROTHER INDRAJITH.P.
EXHIBIT P2: TRUE COPY OF O.P.NO.2319/2010 DATED 22.12.2010 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM.
EXHIBIT P3: TRUE COPY OF NOTICE DATED 17.4.2012 ISSUED BY THE HON'BLE FAMILY COURT, MOOVATTUPUZHA TO THE PETITIONER.
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY //
K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,
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Dated this the 20th day of June, 2012
JUDGMENT
K.T. Sankaran J.,
The petitioner filed O.P. No.2319 of 2010 against the respondent before the Family Court, Ernakulam, for divorce under Section 13 of the Hindu Marriage Act. The case was transferred to the the Family Court, Moovattupuzha, where it was re-numbered as O.P. No.218 of 2012.
O.P.(F.C.) No.1841 of 2012
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protract the case. The learned counsel for the petitioner submitted that the case was posted before the Family Court on 12.6.2012 and on that day the respondent did not appear. He was set ex-parte on 12.6.2012. The learned counsel added that the case was actually posted on 11.5.2012 and the case was adjourned to 12.6.2012, only because the respondent did not adduce any evidence. Learned counsel for the petitioner submitted that if the respondent files an application to set aside the ex-parte order, the petitioner has no objection to allow the application. Her only anxiety is that the case may not be allowed to be protracted by the respondent.
O.P.(F.C.) No.1841 of 2012
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an early disposal of the case.
Accordingly this Original Petition (Family Court) is disposed of directing the Family Court, Moovatttupuzha to dispose of O.P. No.218 of 2012, as expeditiously as possible and at any rate within a period of three months from the date of production of a copy of this judgment.
K.T. SANKARAN, (JUDGE)
M. L. JOSEPH FRANCIS, (JUDGE)
dl/
3 issues framed by the court
Whether the Family Court should dispose of the divorce petition expeditiously.
Whether to prescribe a time limit for the disposal of the pending divorce proceedings.
Whether to direct expeditious disposal to prevent dilatory tactics.
1 provisions across 1 enactments
Preetha P.Nair
T.S. Gangadharan
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
