The High Court directed the Family Court, Irinjalakuda, to complete the trial and dispose of Original Petition No.129 of 2014 within two months from the date of the order due to excessive adjournments after the petitioner's evidence was recorded.
Direction to the Family Court, Irinjalakuda to complete trial and dispose of O.P. No.129 of 2014 within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
& THE HONOURABLE MRS. JUSTICE ANNIE JOHN
WEDNESDAY, THE 8TH DAY OF AUGUST 2018 / 17TH SRAVANA, 1940
OP (FC).No. 462 of 2018
IN OP 129/2014 of FAMILY COURT, IRINJALAKUDA
PETITIONER/PETITIONER:-
SHANI KHADER, AGED 34, D/O CHANELIPARAMBIL ABDUL KHADER, POOVATHUSSERY DESOM, KALLUR THEKKUMURY VILLAGE, CHALAKUDY TALUK, PIN-680741, REPRESENTED BY HER POWER OF ATTORNEY CHANELIPARAMBIL ABDUL KHADER, AGED 66, S/O ABDUL KHADAR POOVATHUSSERY DESOM, KALLUR THEKKUMURY VILLAGE, CHALAKUDY TALUK, THRISSUR, PIN-680741.
BY ADVS.SRI.P.VISWANATHAN SRI.SHIBU JOSEPH
RESPONDENTS/RESPONDENTS:-
1. MUHAMMED HAKKIM AGED 38, S/O ABDUL MAJEED, KANJIRATHINKAL, MARUVANTHURUTHU KARAYIL, VADAKKEKKARA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN-683522.
2. ABDUL MAJEED, AGED 66, KANJIRATHINKAL, MARUVANTHURUTHU KARAYIL, VADAKKEKKARA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN-683522.
3. RABIYA MAJEED, AGED 63, W/O ABDUL MAJEED, KANJIRATHINKAL, MARUVANTHURUTHU KARAYIL, VADAKKEKKARA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN-683522.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 08-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 462 of 2018 (R):-
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE OP. NO.129 OF 2014 ON THE FILES OF THE FAMILY COURT, IRINJALAKUDA. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN OP.NO.129 OF 2014 ON THE FILES OF THE FAMILY COURT, IRINJALAKUDA. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN OP(F.C) NO.152 OF 2014 DATED 24.01.2017.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
DST
K. HARILAL & ANNIE JOHN,JJ. = = = = = = = = = = = = = = = = = O.P.(FC) No.462 of 2018(R)
- - - - - - -- - - - - - - - - - - - - - Dated this the 8th day of August, 2018
J U D G M E N T
K. Harilal, J.
The petitioner herein is the petitioner in Original Petition No.129 of 2014 of the Family Court, Irinjalakuda. The above Original Petition was filed, seeking a decree allowing the petitioner to recover an amount of `1,52,25,000/- from the respondents and their assets. The petitioner and the 1st respondent are divorced wife and husband and both are remarried, during the pendency of the above Original Petition.
But, thereafter, the case is being adjourned to
O.P.(FC) No.462 of 2018(R)
-: 2 :-
07.04.2018, 11.06.2018, 10.07.2018 and now it is
posted to 13.08.2018. The delay in disposal of the
above Original Petition will put the petitioner in great hardship and difficulty. In the above premises, the petitioner seeks for a direction to the Family Court, Irinjalakuda, to complete the trial and dispose of the aforesaid Original Petition, within a specified time.
petitioner.
the Original Petition and the fact that the Original Petition is being adjourned, after the evidence of the petitioner, the Family Court, Irinjalakuda, is directed to complete the trial and dispose of Original Petition No.129 of 2014, at the earliest,
O.P.(FC) No.462 of 2018(R)
-: 3 :-
at any rate, within a period of two months from
today.
This O.P.(FC) is disposed of accordingly.
Sd/-
K. HARILAL, JUDGE
Sd/- ANNIE JOHN, JUDGE
DST
//True copy//
P.A. To Judge
2 issues framed by the court
Whether to direct the Family Court to complete the trial and dispose of the pending civil suit within a specified time due to adjournments after petitioner's evidence.
The time limit to be prescribed for disposal of the original petition.
Shani Khader
Muhammed Hakkim
Abdul Majeed
Rabiya Majeed
K. Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
