The High Court of Kerala disposed of an original petition seeking directions for early disposal of a pending matrimonial case (M.C. No.263/2007). The Court ordered the Family Court to dispose of the matter on or before 31/12/2012.
Direction to the Family Court to dispose of M.C. No. 263/2007 by 31/12/2012.
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 PIUS C.KURIAKOSE
&
THE HON'BLE MR.JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 16TH DAY OF NOVEMBER 2012/25TH KARTHIKA 1934
OP (FC).No. 3805 of 2012 (R) ---------------------------MC.263/2007 of FAMILY COURT, KOTTARAKKARA
PETITIONER(S):
BINITHA HARINDRAN, AGED 36 YEARS D/O.BALACHANDRAN, CHAITHRAM, THEKKEMURI NEAR C.V.K.M.H.S.S. EAST KALLADA KOLLAM DISTRICT-691 308.
BY ADV. SRI.C.RAJENDRAN
RESPONDENT(S):
HARINDRAN, AGED 42 YEARS, S/O.VENUGOPALAN, HARI NIVAS, KUNNATHOOR EAST P.O. KUNNATHOOR VILLAGE, SASTHAMCOTTA TALUK-690 520.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16-112012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) NO.3805/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBT P1. A TRUE PHOTOCOPY OF THE ORDER DATED 22/7/2011.
EXHIBT P2. A TRUE PHOTOCOPY OF THE ORDER DATED 30/12/2011. EXHIBT P3. A TRUE PHOTOCOPY OF THE ORDER DATED 14/09/2012.
RESPONDENTS' EXHIBITS NIL
/TRUE COPY/ P.A. TO JUDGE.
PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ. -----------------------O.P.(FC) . NO. 3805 OF 2012
Dated this the 16th day of November, 2012
JUDGMENT
Pius C.Kuriakose,J
On considering this original petition seeking directions to the court below for early disposal of M.C. No.263/2007 pending on the files of the Family Court, Kottarakkara, we directed the Registrar (Judicial ) to contact the learned Judge immediately and find out as to when at the earliest he will be able to dispose of M.C. No.263/2007. Accordingly, the judge was contacted and the Registrar(Judicial) has submitted the following report:
“As directed, contacted the Judge, Family
Court, Kottarakkara. The learned Judge, after
verification, informed that Advocate Commissioner has been appointed in M.C. No.263/2007. The Commissioner has not yet
filed report. The case stands posted to 14/12/2012 for report of the Commissioner. The
O.P.(FC) No. 3805 /2012
2
learned Judge further informed that if the report is filed on or before 14/12/2012, the case can be disposed of by the last week of December, 2012 or in the first week of January, 2013. “
In view of the above report, we dispose of this original petition directing the Presiding Officer of the Family Court, Kottarakara to dispose of M.C. No. 263/2007 in accordance with law on or before 31/12/2012.
Sd/-
PIUS C.KURIAKOSE, JUDGE
Sd/-
BABU MATHEW P.JOSEPH, JUDGE.
Dpk
/True copy/
P.A to Judge.
O.P.(FC) No. 3805 /2012 3
1 issue framed by the court
Whether to direct the Family Court to dispose of the pending matrimonial case by a specified date.
BINITHA HARINDRAN
HARINDRAN
PIUS C.KURIAKOSE
BABU MATHEW P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
