Disposed

Dhanya, v. Hareesh Govind

Kerala HC13 Nov 2018OP (FC)/559/2018

Case brief

AI extract

What is this about?

Original petition under Article 226/227 challenging family court delays was disposed of at admission. Court directed Family Court Malappuram to expedite disposal of three pending causes within three months.

What did the court decide?

High Court directed family court Malappuram to expedite and dispose three pending matters within three months from the date of production of copy of this judgment.

Dhanya, Vs Hareesh Govind — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

¶4

¶5

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

¶6

TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

¶7

OP (FC).No. 559 of 2018

¶8

M.C.NO.330/2015 of FAMILY COURT, MALAPPURAM

¶9

PETITIONER/PETITIONER:

¶10

DHANYA, AGED 37 YEARS, D/O. SADANANDAN, “AMRITHAM”, HOSPITAL HILLS, NILAMBUR.P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT.

¶11

BY ADVS.

¶12

SRI.P.SAMSUDIN SRI.JITHIN LUKOSE

¶13

RESPONDENTS/RESPONDENTS:

¶14

1 HAREESH GOVIND,

¶15

AGED 43 YEARS, S/O.JANARDHANAN(LATE), THAYYIL HOUSE, RAMANKUTHU, NILAMBUR(RS) PO, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN-679 329.

¶16

2 KOMALAVALLI, AGED 60 YEARS, W/O.JANARDHANAN (LATE), THAYYIL HOUSE, RAMANKUTHU, NILAMBUR (RS) PO, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN- 679 329.

¶17

3 PRIYA, AGED 38 YEARS D/O.JANARDHANAN (LATE), THAYYIL HOUSE, RAMANKUTHU, NILAMBUR (RS) PO, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN- 679 329.

¶18

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

OP (FC).No. 559 of 2018 : 2 :

¶20

JUDGMENT

¶21

C.K.Abdul Rehim, J.

¶22

Limited relief sought for in this original petition filed under Article 227 of the Constitution of India, is to direct the Family Court, Malappuram to expedite disposal of O.P.Nos.340/2015, 575/2015 and M.C.No.330/2015. In view of the relief proposed through this judgment, we do not think it necessary to issue notice to the respondents. Hence the original petition is disposed of at the time of its admission itself.

¶23

2. In a report submitted to this Court by the Judge, Family Court, Malappuram it is mentioned that, all the above three cases are ripe for trial and an Advocate Commissioner was appointed to record the evidence. But the parties were not co-

¶24

OP (FC).No. 559 of 2018 : 3 :

¶25

operating and the Advocate Commissioner had returned the warrant. Thereafter, when the cases were posted before the court, the petitioner failed to appear and the cases were dismissed for default. The petitioner thereafter filed applications seeking restoration of the cases, which were allowed on 15.9.2018. It is stated that, the cases were posted thereafter on 9.11.2018. Learned counsel for the petitioner submitted that the cases now stand adjourned to 27.12.2018. In the report of the learned Judge it is stated that, if the parties are co-operating with the trial, the court can dispose of the above cases within a period of three months.

¶26

Under the above mentioned circumstances, the original petition is disposed of by directing the Family Court, Malappuram to expedite disposal of O.P.Nos.340/2015, 575/2015 and M.C.No.330/2015, if necessary by advancing the posting of the cases

¶27

OP (FC).No. 559 of 2018 : 4 :

¶28

with due notice to either side. All earnest

¶29

efforts shall be taken to dispose of the cases at the earliest, at an rate, within a period of three months from the date of production of a copy of

this judgment.

C.K.ABDUL REHIM

JUDGE

T.V.ANILKUMAR

OP (FC).No. 559 of 2018 : 5 :

¶36

APPENDIX

¶37

PETITIONER'S/S EXHIBITS:

¶38

EXHIBIT P1 TRUE COPY OF THE PETITION IN OP 340/2015 ON THE FILE OF FAMILY COURT, MALAPPURAM.

¶39

EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN OP 340/2015 ON THE FILES OF FAMILY COURT MALAPPURAM.

¶40

EXHIBIT P3 TRUE COPY OF THE PETITION IN OP 575/2015 ON THE FILES OF FAMILY COURT, MALAPPURAM. EXHIBIT P4 TRUE COPY OF THE PETITION IN MC 330/2015 ON THE FILES OF FAMILY COURT, MALAPPURAM.

¶41

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 3.8.2018 IN OP(FC)425/2018 OF THIS HO'BLE COURT

¶42

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.9.2018 IN IA 366/2018 IN OP 575/2015 OF THE FAMILY COURT MALAPPURAM

¶43

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 15.9.2018 IN IA 369/2018 IN OP 340/2015 OF THE FAMILY COURT MALAPPURAM

¶44

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 15.9.2018 IN CMP 233/2018 IN MC 330/2015 OF THE FAMILY COURT MALAPPURAM

¶45

RESPONDENTS' EXHIBITS:

NIL

//True Copy//

P.A. To Judge

Dhanya, v. Hareesh Govind

Case brief

What is this about?

What did the court decide?

Dhanya, v. Hareesh Govind

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vijayalakshmy Vs P.K.Jayashree

Nizar Vs Raseena

Leela Vs State of Kerala

Siva Kumar.S.v Vs Sindhu.S.S

Smina Vs Sreejith

Royce Vs Jiji C Johnson