Disposed

K.P. Prasobha v. Biji N.K.

Kerala HC22 Nov 2018OP (FC)/583/2018

Case brief

AI extract

What is this about?

High Court of Kerala disposed of Original Petition No. 583 of 2018 under Article 227, finding notice to respondent unnecessary due to limited relief sought. The Court directed the Family Court to expeditiously consider interim applications seeking to set aside an ex-parte decree upon advance posting.

What did the court decide?

Petitioner granted liberty to approach the Family Court for advancing the posting of interim applications with a direction to dispose them expeditiously within one month from the date of advance posti

K.P. Prasobha Vs Biji N.K. — 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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THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

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OP (FC).No. 583 of 2018

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AGAINST THE ORDER DATED 02-07-2018 IN EP No.18/2018 IN OP(G&W) 311/2014 of FAMILY COURT, THIRUVALLA

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PETITIONER/RESPONDENT/JUDGMENT DEBTOR:

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K.P. PRASOBHA BIJI, AGED 39 YEARS, D/O.K.P.PRABHAKARAN, PRASANTH BHAVAN, KARAKKAD PO, MULAKKUZHA VILLAGE, CHENGANNUR TALUK

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BY ADV. SRI.M.A.AUGUSTINE

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RESPONDENT/PETITIONER/DECREE HOLDER:

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BIJI N.K. S/O.KARUNAKARAN, BIJI BHAVAN, PALIAKKARA PO, THIRUVALLA TALUK, PIN-673522

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP (FC) No.583/2018

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C.K. ABDUL REHIM, J. &

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T.V. ANILKUMAR, J.

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O.P. (FC) No. 583 OF 2018

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DATED THIS THE 22^nd DAY OF NOVEMBER, 2018

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J U D G M E N T

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Abdul Rehim, J:

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In view of the limited relief sought for in this original petition and in view of the relief proposed through this judgment, we think it not necessary to issue notice to the respondent. Hence, the original petition is disposed of at the stage of its admission itself.

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The only relief sought for in this petition instituted under Article 227 of the Constitution of India is to direct the Family Court, Thiruvalla to consider and dispose of I.A. Nos.509/2018 & 510/2018 in O.P. (G&W) No.311/2014, within a time frame to be fixed by this court. Evidently, those are applications filed seeking to set aside the ex-parte decree after condoning the delay occurred in filing the application. Apprehension expressed by the petitioner is that, coercive steps for execution of the ex-parte decree is now being proceeded without considering those applications, which will cause irreparable legal injuries and financial loss to him.

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OP (FC) No.583/2018

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When the case came up for admission, we directed the Registry to procure a report from the Family Court, Thiruvalla. In a report forwarded by the learned Judge, Family Court, Thiruvalla dated 13-11-2018 it is mentioned that, I.A. Nos.509/2018 & 510/2018 were filed on 19-06-2018 and notice was issued to the opposite side. Those applications were posted for return of notice to 18-09-2018. But the petitioner herein failed to take steps (the steps were defective). On 18-09-2018 it was ordered to cure the defect and again posted the I.As for return of notice to 09-11-2018. On 09-11-2018 the counter petitioner in the interim applications appeared and sought time for filing objections. Hence the I.As now stands adjourned to 1103-2019. Learned Judge had expressed the hope that the petitions can be disposed of in March, 2019 itself.

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The petitioner expressed urgency in the matter because of the coercive steps threatened in the execution petition. Under such circumstances, the petitioner is given liberty to approach the Family Court seeking for advancing the posting of I.A. Nos.509/2018 & 510/2018. If any such application is filed seeking advancement of the posting, the Family Court shall consider the same with due notice to the counter petitioner in those applications, without any further delay

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OP (FC) No.583/2018

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and shall take endeavour to dispose of the interim applications at the earliest possible. If any such application seeking advancement of the posting is filed, the matter shall be dealt with expeditiously and appropriate orders shall be passed in I.A. Nos.509/2018 & 510/2018, at the earliest possible, at any rate, within a period of one month from the date to which the hearing of those I.As are advanced.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

AMG

OP (FC) No.583/2018

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 COPY OF APPLICATION I.A.NO.509 OF 2018 DATED 16TH JUNE,2018.

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EXHIBIT P2 COPY OF APPLICATION I.A.NO.510 OF 2018 16TH JUNE,2018. EXHIBIT P3 COPY OF ORDER DATED 2.7.2018 IN E.P.NO.18 OF 2018 IN OP(G&W)311 OF 2014 OF THE FAMILY COURT,THIRUVALLA.

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EXHIBIT P4 COPY OF PETITION FILED BEFORE CHILD HELP LINE CENTRE PATHANAMTHITTA.

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RESPONDENTS' EXHIBITS

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NIL

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AMG

K.P. Prasobha v. Biji N.K.

Case brief

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K.P. Prasobha v. Biji N.K.

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