Disposed

Lini Mol v. Verchus George

Kerala HC11 Mar 2019OP (FC)/116/2019

Case brief

AI extract

What is this about?

In an original petition, the Kerala High Court, addressing the delay of four years in disposing of matrimonial and maintenance cases pending before the Family Court, Kollam, directed that court to give priority to these cases and dispose of them within five months.

What did the court decide?

Directed the Family Court, Kollam, to give priority to the mentioned OP and MC and dispose of them within five months.

Lini Mol Vs Verchus George — Kerala HC (2019) — LawSathi Research

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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 K.HARILAL

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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MONDAY,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

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OP (FC).No. 116 of 2019

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AGAINST THE ORDER IN OP(DIV) 135/2019 of FAMILY COURT,KOLLAM

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AGAINST THE ORDER IN MC 45/2019 of FAMILY COURT,KOLLAM

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PETITIONER:

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LINI MOL AGED 30 YEARS D/O. BABUKUTTY, STUDENT, BRILLIANTS COLLEGE, BRILLIANTS COLLEGE HOSTEL, JAWAHAR JUNCTION, KOLLAM, FROM THULAYIL KIZHAKKE VEEDU, MALAPEROOR, MANJAPPARA MURI, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENT:

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VERCHUS GEORGE AGED 38 YEARS S/O. GEORGE, VERCHUS BHAVAN, ANDOOR, ANDOOR P.O., VALAKOM, KOTTARAKKARA, KOLLAM-691 532.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Oprc116/2019

JUDGMENT

K.Harilal, J.

Petitioner is the petitioner in OP (Div.)No.135/2019 and

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M.C.No.45/2019 pending before the Family Court, Kollam. According to the petitioner, earlier, the aforesaid OP and MC were filed before the Family Court, Kottarakkara as OP(Div.)1276/2015 and M.C.334/2015 and subsequently, those cases were transferred to the Family Court, Kollam by the order of this court in Tr.P.(c)Nos.524/2018 and 526/2018. Eventhough four years have elapsed after the original filing of the aforesaid OP and MC, the petitioner could not obtain the fruits of the decree so far and the delay in the disposal of the aforesaid OP and MC, would

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cause great hardship and difficulty. The parents of the

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petitioner are very old and they are very much concerned

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Oprc116/2019

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about the future of the petitioner and they want to settle

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the liabilities at the earliest, during their lifetime. Hence,

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the petitioner sought for a direction to the Family Court, Kollam, to dispose of the aforesaid cases, within a time frame.

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Heard the learned counsel for the petitioner.

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Having regard to the date of the original filing and the

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long lapse of four years after the filing, the Family Court,

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Kollam is directed to give priority to the aforesaid cases and dispose of the same, at the earliest, at any rate, within a

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period of five months from today.

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The OP(FC) is disposed of accordingly.

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Sd/- K.Harilal, Judge

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Sd/- Annie John, Judge

sl/

Oprc116/2019

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN PLAINT IN O.P.(DIV) NO. 1276/2015 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA.

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EXHIBIT P2 THE TRUE COPY OF THE PLAINT IN M.C.NO.334/2015 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 11/01/2019 IN T.R.P.(C) NO.526/2018 OF THIS HON'BLE COURT.

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/truecopy/\

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PS TO JUDGE

Lini Mol v. Verchus George

Case brief

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Lini Mol v. Verchus George

Case brief

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