The Kerala High Court directed the Family Court, Thiruvananthapuram, to dispose of a pending divorce petition filed by the petitioner within six months due to a three-year delay, directing the court to act expeditiously.
Directs the Family Court, Thiruvananthapuram, to dispose of the pending divorce petition within six months.
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 K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
OP (FC).No. 142 of 2019
AGAINST THE ORDER/JUDGMENT IN OP(DIV) 2016/2016 of FAMILY COURT,TRIVANDRUM
PETITIONER/PETITIONER:
SAJINA A., AGED 44 YEARS D/O. ABDUL KALAM, OLIVA, MNRA 37(1B), KODAL PARK, MLA ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/RESPONDENT:
MARSHAL MOHAMMED, AGED 52 YEARS S/O. LATE NAGOOR MOHAMMED KHAN, ZENITH HOUSE, EDAMON, PUNALUR, KOLLAM DISTRICT. PIN 691 307
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (FC).No. 142 of 2019 2
JUDGMENT
K. HARILAL, J.,
The petitioner filed O.P.(Divorce) No.2016/2016 before the Family Court, Thiruvananthapuram, seeking a decree for dissolution of marriage. Her grievance is that the said O.P. has not been disposed of so far, despite the long lapse of three years. The petitioner sought for a direction to the Family Court, Thiruvananthapuram to dispose the aforesaid O.P. within a time frame.
OP (FC).No. 142 of 2019 3
The O.P.(F.C) is disposed of, accordingly.
Sd/K.HARILAL
JUDGE
Sd/-
ANNIE JOHN
ajt JUDGE
OP (FC).No. 142 of 2019 4
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 - PHOTOCOPY OF THE PETITION O.P. NO.2016/2016 FILED BEFORE THE FAMILY COURT, THIRUVANATHAPURAM.
EXHIBIT P2 - PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN O.P(DIV). NO.2016/
2 issues framed by the court
Whether to direct the Family Court to dispose of a pending divorce petition within a specific timeframe.
Whether inordinate delay in matrimonial proceedings warrants judicial intervention for expediting disposal.
SAJINA A.
MARSHAL MOHAMMED
K HARILAL
ANNIE JOHN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
