Dismissed

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

Kerala HC13 Nov 2018OP (FC)/581/2018

Case brief

AI extract

What is this about?

The High Court invoked supervisory jurisdiction under Article 227 to direct the Family Court to expedite disposal of three pending family law cases. The Court recorded the lower court's report and assured efforts for early disposal within eight months of mediation.

What did the court decide?

Directing the judge of the Family Court to take earnest efforts to dispose of the cases within the time indicated in the mediation report.

Siva Kumar.S.v Vs Sindhu.S.S — Writ and Judicial Review | 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

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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

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OP (FC).No. 581 of 2018

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O.P.NO.194/2016 of FAMILY COURT,THIRUVANANTHAPURAM

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O.P.NO.200/2016 of FAMILY COURT,THIRUVANANTHAPURAM

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O.P.(HMA)NO.1545/2018 of FAMILY COURT,THIRUVANANTHAPURAM

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PETITIONER/:

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SIVA KUMAR.S.V., S/O. C.SOMU., NO 8-22, ORAPPANIVILAI,VELLIMALAI,AMMANDIVILAI, KANYAKUMARI DISTRICT,TAMILNADU 629204.

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BY ADV. SRI.BASANT BALAJI

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RESPONDENTS:

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1 SINDHU.S.S., D/O. SREEKALA,CHANDRODAYAM,VP 16/337, CHIRAYIL ROAD,PANIMUKKU,PEYADU,THIRUVANANTHAPURAM 695073.

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2 ARADHANA, D/O.SINDHU S.S., CHANDRODAYAM, VP 16/337, CHIRAYIL ROAD, PANIMUKKU, PEYADU, THIRUVANANTHAPURAM695073, REPRESENTED BY THE IST RESPONDENT.

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

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OP (FC).No. 581 of 2018 : 2 :

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JUDGMENT

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C.K.Abdul Rehim, J.

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Invoking the supervisory jurisdiction vested

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on this Court under Article 227 of Constitution of India, the petitioner is seeking a limited relief for directing the Family Court, Thiruvananthapuram to expedite disposal of O.P.Nos.194/2016, 200/2016 and 1545/2018. 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 stage of its admission itself.

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2. Based on the direction issued, the Judge, Family Court, Thiruvananthapuram has forwarded a report. In the said report dated 2.11.2018 it is mentioned that, O.P.Nos.194/2016 and 200/2016 were

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filed on 29.1.2016, whereas O.P.No.1545/2018 was

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OP (FC).No. 581 of 2018 : 3 :

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filed only on 30.6.2018. It is mentioned that,

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all the three cases were referred for mediation and report of the Mediator is now awaited. All the three cases are having different posting dates, as of now. But the petitioner herein had filed an interim application seeking joint trial of all the three cases, as I.A.No.3134/2018, which is now pending disposal. It is reported that the joint trial application will be considered as and when the report of the mediation is obtained. 3. The report of Judge, Family Court, Thiruvananthapuram has indicated that there is a huge pendency of 6860 cases in the said court, which includes a large number of cases pending since 6+ years. It is also mentioned that, in a large number of cases time bound disposal was directed from this Court. However, it is assured that, all earnest efforts will be taken to dispose of the cases at the earliest, after receiving the

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OP (FC).No. 581 of 2018 : 4 :

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mediation report. The learned Judge had expressed the hope that the cases can be disposed of within a period of 8 months after receiving the mediation report.

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The report submitted by the learned Judge is taken on record and the above original petition is hereby disposed of by directing the Judge, Family Court to take all earnest efforts for an early disposal of the cases, at any rate, within the time as indicated in the report.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

OP (FC).No. 581 of 2018 : 5 :

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE O.P NO.194/16 FILED BY THE RESPONDENT ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.

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EXHIBIT P2 TRUE COPY OF THE O.P NO.200/16 FILED BY THE RESPONDENT ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM.

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EXHIBIT P3 TRUE COPY OF THE O.P(HMA) 1545/18 FILED BY THE PETITIONER ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM.

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EXHIBIT P4 TRUE COPY OF THE I.A NO.3134/18 IN O.P NO.200/16 FILED BY THE PETITIONER ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM.

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RESPONDENTS' EXHIBITS:

NIL

//True Copy//

P.A. To Judge

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

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

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