Disposed

Reshmi v. Pramesh Pillai

Kerala HC20 Sept 2012OP (FC)/3082/2012

Case brief

AI extract

What is this about?

The High Court granted a limited relief directing the Family Court, Thiruvananthapuram, to decide an interlocutory application and file appropriate judgments within one month before finally disposing of a pending divorce petition filed by the same petitioner.

What did the court decide?

Directed the Family Court to dispose of an interlocutory application and the pending divorce petition within one month.

Reshmi Vs Pramesh Pillai — Matrimonial and Divorce | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934

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OP (FC).No. 3082 of 2012 (R)

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OPHMA.1029/2009 of FAMILY COURT,TRIVANDRUM

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PETITIONER:

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RESHMI, AGED 32 YEARS,

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D/O. LATHA NAIR, TC 5/1993/2, PWRA D-8 KOWDIAR, THIRUVANANTHAPURAM.

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BY ADV. SRI.V.S.VISWAMBHARAN

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RESPONDENT:

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PRAMESH PILLAI, AGED 37, S/O.VASUDEVAN PILLAI, HOUSE NO.7-131, KAMALA NAGAR ECIL P.O, HYDERABAD, ANDHRA PRADESH 500 062.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC).No. 3082 of 2012 (R)

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APPENDIX

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PETITIONER'S EXTS

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EXT.P1:- COPY OF OP(HMA) 1029/09 FILED BEFORE THE HON. FAMILY COURT, THIRUVANANTHAPURAM ON 18/09/09.

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EXT.P2:- CERTIFIED COPY OF THE “B” DIARY OF OP(HMA).1029/09 PENDING BEFORE THE HON. FAMILY COURT, THIRUVANANTHAPURAM.

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PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.

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O. P. (FC) No.3082 of 2012

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Dated this the 20^th day of September, 2012

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JUDGMENT

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Pius C. Kuriakose, J

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This Original Petition under Article 227 of the Constitution of India has been filed by the petitioner who is the petitioner in OP(HMA) No.1029/09 on the files of the Family Court, Thiruvananthapuram. The above OP(HMA) was filed by the petitioner seeking dissolution of her marriage with the respondent by a decree of divorce. The learned counsel for the petitioner, Sri.V.S.Viswambharan submitted before us that we should issue a direction to the Family Court, Thiruvananthapuram to finally dispose of OP(HMA) No.1029/09 within a time limit. When we asked him as to what the next posting date of the case was, he told us that the case stands posted for consideration of an interlocutory application filed by the respondent for setting aside an ex

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O. P. (FC) No.3082 of 2012 -2-

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parte order which was passed against him in OP(HMA) No.1029/09. According to us, without passing final orders on that application the learned Judge of the Family Court cannot be directed to finally dispose of OP(HMA) No.1029/09. As it is only a limited relief that we are giving to the petitioner in this case, we are of the view that the same can be granted even without notice to the respondent. Hence, we dispose of this OP at this stage itself issuing the following directions:-

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The Judge of the Family Court, Thiruvananthapuram is directed to take up the interlocutory application filed by the respondent for setting aside the ex parte order passed against him in OP.(HMA) No.1029/09 and to dispose of the same in accordance with law at the earliest and at any rate within one month of receiving a copy of this judgment. It is needless to direct further that if the above application comes to be decided in favour of the respondent then the learned Judge of the Family Court shall expedite matters in OP(HMA) No.1029/09 since the same is an old matter and

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-3-

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O. P. (FC) No.3082 of 2012

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finally dispose of that OP also at the earliest. The petitioner is directed to send a copy of this judgment by registered post with acknowledgment due to the respondent as soon as he receives the same.

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Sd/PIUS C. KURIAKOSE JUDGE

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Sd/BABU MATHEW P. JOSEPH JUDGE

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kns/-

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//TRUE COPY//

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P.A. TO JUDGE

Reshmi v. Pramesh Pillai

Case brief

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Reshmi v. Pramesh Pillai

Case brief

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