In this Original Petition filed under Article 227 of the Constitution, the Kerala High Court directed the Family Court at Thiruvalla to dispose of a pending divorce petition (OP No.414/2016) at the earliest, recording a report from the Judge of the lower court regarding the disposal schedule.
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 C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940
OP (FC).No. 333 of 2018
(ARISING FROM OP(DIV) 414/2016 of FAMILY COURT, THIRUVALLA)
PETITIONER
SNEHA THOMAS, AGED 30 YEARS, D/O. THOMAS P.M., POOVATHANIKKAL HOUSE, PALAKKADU KARA, MEENACHIL P.O., POOVARANI VILLAGE, MEENACHIL PANCHAYAT, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686577, REPRESENTED BY HER POWER OF ATTORNEY AND FATHER THOMAS P.M., S/O. O.M. MICHAEL, AGED 61 YEARS, RESIDING AT POOVATHANIKKAL HOUSE, PALAKKADU KARA, MEENACHIL P.O., POOVARANI VILLAGE, MEENACHIL PANCHAYAT, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686577.
BY ADV.SRI.SEBASTIAN JOSEPH KURISUMMOOTTIL)
RESPONDENT:
SHITHIN VARGHESE CHACKO, AGED 31 YEARS, S/O. VARGHESE CHACKO, KAPPAYIL HOUSE, MALLAPPALLY EAST P.O., MALAPPALLY EAST MURI, MALLAPPALLY VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN CODE-689584, KERALA.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 26-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMG
OP (FC).No. 333 of 2018 (R)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 - TRUE COPY OF THE PETITION FOR DIVORCE, O.P.(DIV) NO.414/2016 ON THE FILES OF FAMILY COURT, TIRUVALLA.
EXHIBIT P2 - TRUE COPY OF THE AFFIDAVIT DATED 20.6.2017 BY THE PETITIONER AS EVIDENCE.
RESPONDENT'S EXHIBITS
NIL
AMG
C.K. ABDUL REHIM, J. &
R. NARAYANA PISHARADI, J.
O.P. (FC) No. 333 OF 2018
DATED THIS THE 26th DAY OF JUNE, 2018
J U D G M E N T
Narayana Pisharadi, J:
This Original Petition is filed by the petitioner seeking intervention of this court to give a direction to the Family Court, Thiruvalla to dispose of OP No.414/2016 filed by her and pending before the Family Court, Thiruvalla, at the earliest.
The Original Petition is disposed of accordingly.
Sd/-
C.K. ABDUL REHIM, JUDGE .
Sd/- R. NARAYANA PISHARADI, JUDGE .
AMG
True copy
P.A. to Judge
1 issue framed by the court
Whether the Family Court, Thiruvalla is directed to dispose of pending divorce petition OP No.414/2016.
Sneha Thomas
Shithin Varghese Chacko
C.K. Abdul Rehim
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
