Petitioner sought directions for speedy disposal of a divorce petition. Courts found judgment was delayed due to petitioner's failure to pay a remaining compensation sum. Petition dismissed; Family Court to proceed upon payment.
Petitioner directed to pay balance amount; Family Court to proceed with judgment pronouncement after payment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
MONDAY, THE 23RD DAY OF SEPTEMBER 2013/1ST ASWINA, 1935
OP (FC).No. 3038 of 2013 (R)
OPHMA 556/2012 of FAMILY COURT, THIRUVALLA
PETITIONER(S):
KUTTAN PILLAI HARIKUMAR, AGED 48 YEARS S/O.KUTTAN PILLAI, PRASANNA BHAVANAM, KARUMADI.P.O \ALAPPUZHA.
BY ADVS.SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR
RESPONDENT(S) :
SREEJA DEVI, AGED 42 YEARS D/O.SUBHADRAKUTTY AMMA, 'JYOTHI' KIZHAKKEN MUTHOOR MURI, KATTAPUZHA VILLAGE, THIRUVALLA, PATHANAMTHITTA, PIN-689645.
R BY ADV. SRI.R.BINDU (SASTHAMANGALAM)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 3038 of 2013 (R)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 TRUE COPY OF THE PETITION IN O.P.(H.M.A.)556 OF 2012 FILED ON 10.5.2012. EXT.P2 TRUE COPY OF THE AGREEMENT DT.21.4.2012.
/TRUE COPY/
PS TO JUDGE
ANTONY DOMINIC & P.D.RAJAN, JJ.
O.P(FC).No.3038 of 2013
Dated this the 23rd day of September, 2013
JUDGMENT
Antony Dominic, J.
This Court, on being satisfied, after hearing the parties and conducting enquiry that the marriage has been solemnised and the averments in the petition are true, adjourned the case for judgment to 30.3.2013.
OPFC.3038/13
2
This court has given dictation of the judgment also. But, on 21.3.2013 the second petitioner filed IA.681/13 stating that as per the conditions stated in the compromise petition filed in OP.149/06 she is entitled to get a total sum Rs.22,00,000 (Rupees Twenty two lakhs only). But Rs.20 lakhs was paid as per a demand draft and for the balance amount of Rs.2 lakhs the first petitioner has issued a post dated cheque dated 10.5.2014 drawn on ICICI bank. But as per the new regulations of Reserve Bank of India it is impossible to encash the cheque issued before 31.3.13 and she prayed for giving directions to the first petitioner to issue a new cheque for the balance amount of Rs.2 lakhs. This court allowed that petition and directed the 1st petitioner to issue a fresh cheque for the balance amount of Rs.2 lakhs and adjourned the case for judgment. But the first petitioner who is the petitioner in the OP before the Hon'ble High Court so far not issued a fresh cheque for the amount to the second petitioner. So it is clear that some monitory reliability is still due from the 1st petitioner to the second petitioner. Now the first petitioner prayed for time for issuing a fresh cheque for the balance amount due. So the case is adjourned to 13.9.2013. The pronouncement of judgment is delayed due to the deliberate laches of the first petitioner.”
OPFC.3038/13
3
the court has deferred the judgment in OP(HMA).556/12. The petitioner also has not a case that as directed by the court, fresh cheque for Rs.2 lakhs has so far been given. In such circumstances, this Court cannot direct the Family Court to pass orders as sought for in this Original Petition.
Original petition disposed of as above.
Sd/ANTONY DOMINIC, Judge.
Sd/-
P.D.RAJAN, Judge.
kkb.
2 issues framed by the court
Whether the High Court should direct the Family Court to expeditiously dispose of the divorce petition pending below.
Whether the delay in the Family Court judgment was due to its inaction or the petitioner's failure to pay a compensation amount.
KUTTA N PILLAI HARIKUMAR
SREEJA DEVI
ANTONY DOMINIC
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
