Disposed

Meena.T v. Indukesh Babu .M.v

Kerala HC25 Jun 2018OP (FC)/323/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court was approached by a petitioner in divorce proceedings seeking early disposal due to pendency hindering foreign employment. The Court weighed the petitioner's grievance against the potential prejudice to other litigants in the lower court's queue and directed the trial to be expedited rather than allowing out-of-turn disposal.

What did the court decide?

Directed the Family Court to expeditiously dispose of the original petition and ensure final disposal within a period of eight months from the date of receipt of a copy of this judgment.

Meena.T Vs Indukesh Babu .M.v — Matrimonial and Divorce | Kerala HC (2018)

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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 C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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MONDAY, THE 25TH DAY OF JUNE 2018 / 4TH ASHADHA, 1940

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OP (FC).No. 323 of 2018

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(ARISING FROM OP 805/2017 of FAMILY COURT, MALAPPURAM)

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PETITIONER/PETITIONER

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MEENA.T D/O VELAYUDHAN KUTTY, SREENANDANAM HOUSE, 5/810, MUTHEERIKUNNU ROAD, KARAKKUNNU JN, THRIKKALANGOD P.O., MANJERI-676123, MALAPPURAM DIST.

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BY ADV.SRI.T.K.AJITH KUMAR

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RESPONDENT/RESPONDENT:

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INDUKESH BABU M.V. S/O LATE. K.K KESAVAN, LOGIC QUARTERS, SCHOOL PADI, THRIPPANACHI PO, KUZHIMANNA (VIA) MANJERI, MALAPPURAM DIST.PIN-673641.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AMG

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OP (FC).No. 323 of 2018 (R)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE DIVORCE PETITION IN O.P 805/2017 ON THE FILE OF FAMILY COURT, MALAPPURAM.

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EXHIBIT P2 TRUE COPY OF I.A 455/2018 IN OP. 805/2017 ON THE FILE OF FAMILY COURT, MALAPPURAM.

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RESPONDENTS' EXHIBITS

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NIL

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AMG

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C.K. ABDUL REHIM, J. & R. NARAYANA PISHARADI, J.

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O.P. (FC) No. 323 OF 2018

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DATED THIS THE 25^th DAY OF JUNE, 2018

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J U D G M E N T

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Abdul Rehim, J:

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The petitioner before the Family Court, Malappuram in OP No.805/2017 is approaching this court, invoking the supervisory jurisdiction vested under Article 227 of the Constitution of India, seeking for an early disposal of the case pending before the Family Court. It is averred that, the present case pending before the Family Court is an offshoot of an earlier case filed as OP No.309/2012, in which an order of judicial separation was passed as early as on 0402-2016. According to the petitioner, she had approached the Family Court again, because there was no change of circumstances from the side of the respondent. It is stated that OP No.805/2017 was posted on 30-05-2018. Due to the pendency of the said case she is not in a position to go abroad to take up employment, is the grievance. It is mentioned that on 04-04-2018 the petitioner had filed IA

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OP (FC) No.323/2018

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-2-

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No.455/2018 seeking to advance the case and to dispose of the same at the earliest. But the Family Court had adjourned the matter to 04-09-2018. Therefore the relief as mentioned above is sought for.

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When the above original petition came up for consideration, this court directed the Registry to secure a report from the Family Court, Malappuram, with respect to the maximum time required for disposal of the case. In the report filed by the Judge, Family court on 18-06-2018, it is mentioned that the case now stands posted to 04-09-2018 for filing written statement of the respondent. It is mentioned that, the dispute could not be resolved through counselling and hence the court had decided to proceed with trial of the case.

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We are of the considered opinion that the case now pending before the Family Court is not ripe for trial. Considering the huge pendency in that court, the original petition is comparatively a new one. Giving direction for out of turn disposal of the said case will be causing prejudice to

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OP (FC) No.323/2018

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-3-

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the parties in other cases, filed earlier, waiting in the queue for getting their cases disposed of at the earliest.

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However, in the report of the Judge of the Family Court it is stated that, attempt can be made to dispose of the original petition within a period of 6 months after filing of the written statement. We record the above submission.

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The original petition is disposed of accordingly, by directing the Family Court to expedite the matter. At any rate, the case shall be finally disposed of within a period of 8 months from the date of receipt of a copy of this

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judgment.

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Sd/-

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C.K. ABDUL REHIM, JUDGE .

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Sd/- R. NARAYANA PISHARADI, JUDGE .

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AMG

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True copy

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P.A. to Judge

Meena.T v. Indukesh Babu .M.v

Case brief

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Meena.T v. Indukesh Babu .M.v

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