The High Court disposed of an original petition seeking directions for expedited disposal of custody petitions. The court fixed April 30, 2019 as the outer limit for the Family Court to conclude the matter based on a report.
Directed the Family Court, Kottayam to dispose of O.P. Nos. 1245/2015 and 772/2015 at the earliest, within an outer limit of 30-04-2019.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940
OP (FC).No. 32 of 2019
ARISING FROM OPGW 1245/2015 of FAMILY COURT, KOTTAYAM
PETITIONER/PETITIONER:
SUSAN VARGHESE AGED 36 YEARS D/O. P M VARGHESE, PRAPPALLITHAZHATHU HOUSE, SHORT MOUNT, KANGAZHA VILLAGE, KANAM KARA, KANAM P.O, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT PIN 686 515.
BY ADVS. SRI.JOSEPH GEORGE SMT.NICEY A. MENON SRI.BIJO THOMAS GEORGE SRI.P.A.REJIMON
RESPONDENT/RESPONDENT:
SONY CHANDY
AGED 41 YEARS, S/O. LATE V.C ROY, VADAKKEPARAMBIL HOUSE, OPPOSITE VARTHA NAGAR, MUTTAMBALAM P.O, KANJIKUZHY, KOTTAYAM-4, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN 686 004.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P. (FC) No.32/2019
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C.K. ABDUL REHIM, J. & T.V. ANILKUMAR, J.
O.P. (FC) No. 32 OF 2019
DATED THIS THE 11th DAY OF FEBRUARY, 2019
J U D G M E N T
Abdul Rehim, J:
We are inclined to dispose of the above original petition at the stage of admission itself, without issuing notice to the respondent, because of the limited nature of relief proposed through this judgment.
O.P. (FC) No.32/2019
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that, if it is not settled on 02-02-2019, the case can be disposed of within an outer limit of 30-04-2019. Learned counsel appearing for the petitioner submitted that the matter could not be settled on 02-02-2019 and it now stands posted for hearing the arguments on 11-03-2019.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V.ANILKUMAR
JUDGE
AMG
O.P. (FC) No.32/2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF O.P (G &W) 1245/2015 OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. EXHIBIT P2 TRUE PHOTOCOPY OF THE CONSENT ISSUED BY THE RESPONDENT.
RESPONDENTS' EXHIBITS
NIL
AMG
2 issues framed by the court
Whether the present Original Petition should be disposed of at the stage of admission without issuing notice to the respondent.
Whether the Family Court, Kottayam is directed to dispose of the connected custody petitions within a specific time frame.
Susan Varghese
Sony Chandy
C.K. Abdul Rehim
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
