Single judge order directing the Family Court, Kollam, to dispose of interlocutory and main proceedings in four pending family suits within one month and five months respectively, followed by disposal of the original petition.
Direction to subordinate court to dispose of pending family suit proceedings within specified time limits.
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 V.CHITAMBARESH &
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939
OP (FC).No. 58 of 2018
AGAINST THE ORDER/JUDGMENT IN OP 651/2011, O.P.705/2011, O.P.799/2011 and O.P.1492/2012 of FAMILY COURT,KOLLAM
PETITIONER(S)
MAXIMUS FERNANDEZ ALIAS MAXWELL FERNANDEZ AGED 68 YEARS,S/O LATE. DUNCAN FERNANDEZ, SHILPA(VRA 142) VADAKKUMBHAGAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE)
RESPONDENT(S):
OLGA FERNANDEZ AGED 61 YEARS, W/O MAXIMUS FERNANDEZ@MAXWELL FERNANDEZ, SHILPA, (VRA 142), VADAKKUMBHAGAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT.691001.
R1 BY ADV. SRI.SAJU J PANICKER
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SHG/
OP (FC).No. 58 of 2018 (R)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P 799/2011 PENDING BEFORE THE FAMILY COURT, KOLLAM. EXHIBIT P2 TRUE COPY OF THE PETITION IN O.P 1492/2012 PENDING BEFORE THE FAMILY COURT, KOLLAM. EXHIBIT P3 TRUE COPY OF THE PETITION IN O.P 651/2011 PENDING BEFORE THE FAMILY COURT, KOLLAM. EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P 705/2011 PENDING BEFORE THE FAMILY COURT, KOLLAM. EXHIBIT P5 TRUE COPY OF THE I.A 2818/2017 IN O.P 651/2011 DATED 28.11.2017.
RESPONDENT(S)' EXHIBITS
EXHIBIT R1. TRUE COPY OF THE ORDER DATED 11.01.2012 IN IA NO.2202 OF 2011 IN OP 651 OF 2011 OF THE FAMILY COURT, KOLLAM.
EXHIBIT R2. THE TRUE COPY OF IA 2911 OF 2015 IN OP 651 OF 2011 OF THE FAMILY COURT, KOLLAM.
EXHIBIT R3. THE TRUE COPY OF THE ORDER DATED 17.06.2011 IN CMP 3544 OF 2011 IN MC 115 OF 2011 OF THE JFMC-II, KOLLAM.
V. CHITAMBARESH & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - -
O.P.(F.C.) No.58 of 2018
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March, 2018
J U D G M E N T
Chitambaresh, J.
After hearing the counsel on both sides, we issue the following directions:
the file of the Family Court, Kollam shall be disposed of within a period of one month from the
date of receipt of a copy of this judgment.
disposed of within a period of five months thereafter, after a joint trial.
The original petition is disposed of.
Sd/-
V. CHITAMBARESH
JUDGE
Sd/-
K.P. JYOTHINDRANATH JUDGE
shg/
Maximus Fernandez alias Maxwell Fernandez
Olga Fernandez
V. Chitambaresh
K.P. Jyothindrnanath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
