Disposed

Lakshmi V.P. v. Aneesh M.U.

Kerala HC27 Nov 2018OP (FC)/635/2018

Case brief

AI extract

What is this about?

This original petition under Article 227 sought a time-bound disposal of pending family court cases involving property and dissolution. The High Court disposed of the writ petition by directing the Family Court to make earnest efforts for early disposal, noting high pendency, without issuing notice to respondents.

What did the court decide?

Directed Family Court to take earnest efforts to dispose of O.P. Nos. 639/2016 and 378/2017 at the earliest; writ petition disposed at admission.

Lakshmi V.P. Vs Aneesh M.U. — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR TUESDAY ,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

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OP (FC).No. 635 of 2018

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ARISING FROM OP NOS. 639/2016 & 378/2017 of FAMILY COURT,TRIVANDRUM

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PETITIONERS/PETITIONERS:

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1 LAKSHMI V.P. AGED 27 YEARS D/O.PADMAJAKSHI AMMA, RESIDING AT SREELEKSHMI, TC. 64/2275, THIRUVALLOM P.O, THIRUVANANTHAPURAM,- 695027

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2 DAKSHIN NARAYANAN, AGED 4 YEARS, S/O. ANEESH M.V., REPRESENTED BY HIS MOTHER AND GUARDIAN LAKSHMI V.P., RESIDING AT SREELEKSHMI, TC. 64/2275, THIRUVALLOM P.O, THIRUVANANTHAPURAM,- 695027

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BY ADVS.

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SRI.S.V.PREMAKUMARAN NAIR P.S. ANJU SMT.M.BINDUDAS SRI.K.C.HARISH SRI.R.T.PRADEEP

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RESPONDENTS/RESPONDENTS:

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1 ANEESH M.U. AGED 34 YEARS

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S/O.M.MURALEEDHARAN NAIR, RESIDING AT USHUS, TC. 68/2448, THIRUVALLOM PO, THIRUVANANTHAPURAM- 695027

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2 M.MURALEEDHARAN NAIR, RESIDING AT USHUS, TC. 68/2448, THIRUVALLOM PO, THIRUVANANTHAPURAM- 695027

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3 USHA MURALEEDHARAN W/O.M.MURALEEDHARAN NAIR, RESIDING AT USHUS, TC. 68/2448, THIRUVALLOM PO, THIRUVANANTHAPURAM- 695027.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP (FC) No.635/2018

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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. 635 OF 2018

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DATED THIS THE 27^th 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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Relief sought for in this original petition instituted under Article 227 of the Constitution of India is to direct an expeditious disposal of O.P. Nos.639/2016 and 378/2017, pending before the Family Court, Thiruvananthapuram. In view of the order proposed herein, we think it not necessary to issue notice to the respondents. Hence, the original petition is disposed of at the stage of admission itself.

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O.P. No.639/2016 is filed by the petitioners seeking for realisation of properties and claiming maintenance etc. O.P. No.378/2017 is filed seeking dissolution of the marriage existing with the 1^st respondent. Admittedly, the cases are at the stage of mediation. In other words, the pleadings remains not complete to start the trial. There is also nothing to indicate that a joint trial of both the cases was allowed by the court.

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OP (FC) No.635/2018

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-3-

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We take judicial notice of the fact that the Family Court at Thiruvananthapuram is one of the courts in the State having highest pendency of more than 6800 cases. That being the situation, directing a time bound disposal would create prejudice in the day to day proceedings of that court, as well as prejudice to the parties in other cases, which are much older and in which they are waiting in the queue for getting speedy disposal.

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However, we are inclined to dispose of the original petition by directing the Family Court, Thiruvananthapuram to take all earnest efforts to dispose of O.P. Nos.639/2016 and 378/2017, at the earliest possible. It will be left open to the petitioners to convince that court about urgency for an early disposal of the matter, by filing appropriate petition, if necessary by seeking advancement of the the posting.

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The original petition is disposed of accordingly.

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Sd/C.K.ABDUL REHIM JUDGE

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Sd/T.V.ANILKUMAR JUDGE

AMG

OP (FC) No.635/2018

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE COPY OF PETITION DATED 26.3.2016 IN O.P.NO.639/2016 BEFORE FAMILY COURT, THIRUVANANTHAPURAM

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EXHIBIT P2 THE COPY OF PETITION DATED 22.2.2017 IN O.P.NO.378/2017 BEFORE FAMILY COURT, THIRUVANANTHAPURAM

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RESPONDENTS' EXHIBITS

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NIL

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AMG

Lakshmi V.P. v. Aneesh M.U.

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Lakshmi V.P. v. Aneesh M.U.

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