Dismissed

Priya Sreekumar v. Sreekumar

Kerala HC5 Feb 2013OP (FC)/462/2013

Case brief

AI extract

What is this about?

The High Court dismissed an original petition seeking a direction for early disposal of O.P.No.1159/2012 because the petitioner failed to disclose that the underlying case had been dismissed for default on 22.10.2012. The court allowed the petitioner to move again after restoration.

What did the court decide?

Request for direction for early disposal of O.P.No.1159/2012 dismissed; petitioner allowed to file again after restoration.

Priya Sreekumar Vs Sreekumar — Civil Procedure and Limitation | Kerala HC (2013)

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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 P.D.RAJAN

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TUESDAY, THE 5TH DAY OF FEBRUARY 2013/16TH MAGHA 1934

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OP (FC).No. 462 of 2013 (R)

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AGAINST THE ORDER/JUDGMENT IN OP.1159/2012 of FAMILY COURT, NEDUMANGAD

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PETITIONER(S):

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PRIYA SREEKUMAR, AGED 38 YEARS D/O SHEELA, DEEPHI, TC C.6/142, KODUNGANOOR P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.T.K.ANANDA KRISHNAN

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RESPONDENT(S):

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SREEKUMAR,, AGED 52 YEARS S/O SADASIVAN, SADASREE, PALM GROOVE VILLA MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05-022013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) NO.462/2013

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE PETITION IN O.P.NO.1159/12 PENDING BEFORE THE FAMILY COURT, NEDUMANGAD.

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RESPONDENTS' EXHIBITS NIL

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/TRUE COPY/ P.A. TO JUDGE.

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PIUS C.KURIAKOSE &

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P.D.RAJAN JJ.

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-----------------------O.P.(F) . NO. 462 OF 2012

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Dated this the 5^th day of February, 2013

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JUDGMENT

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Pius C.Kuriakose,J

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On considering this original petition filed by the petitioner, who is the wife of the respondent, seeking a direction for early disposal of O.P.No.1159/2012 pending before the Family Court, Nedumangad, we directed the Registrar (Judicial) to contact the presiding officer of the Family Court. Accordingly, the following report is submitted:

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“As directed, contacted the judge, Family Court, Nedumangad. The learned Judge, after verification, informed that O.P.Nos.1158/2012 and 1159/2012 were originally filed before Family Court, Thiruvananthapuram as O.P.Nos.1316/2011 and 1317/2011. Parties

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O.P.(FC) No.462 /2013 2

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appeared before the Family Court, Thiruvananthapuram and they were referred for counselling. The respective counter petitioner has not filed written statement. The Hon'ble High Court had granted stay by order dated 27/6/2012 in Tr.P.(C) No.253/2012. The Transfer Petition was dismissed as withdrawn on 11/1/2013. O.P. No.1159/2012 was dismissed for default on 22/10/2012. No steps have been taken to restore the O.P.

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The learned Judge informed that if the petitioner in O.P. No.1159/2011 take steps for restoration of the O.P. and the respective respondent files written statement, the Family Court will make earnest efforts to dispose of the two O.Ps within six months from the date of filing the written statement.”

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It is seen from the report that O.P.No.1159/2012 was dismissed by the Family Court for default of the petitioner on

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O.P.(FC) No.462 /2013

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22/10/2012 i.e. some four months prior to the institution of this original petition. That fact is not disclosed in this original petition. We therefore dismiss this original petition straight away. However, it is open to the petitioner to move this court again for the same relief after the Original Petition is restored back to file by the Family Court.

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Sd/-

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PIUS C.KURIAKOSE, JUDGE

Sd/-

P.D.RAJAN

JUDGE.

dpk

/True copy/ P.A to Judge.

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O.P.(FC) No.462 /2013 4

Priya Sreekumar v. Sreekumar

Case brief

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Priya Sreekumar v. Sreekumar

Case brief

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