The High Court directed the Family Court, Irinjalakuda to dispose of three closely connected pending petitions within six months to prevent prejudice while a judgment in a related writ petition remains in force.
Direction to Family Court to dispose of O.P.No.497/2018, M.C.No.136/2018, and O.P.No.582/2018 jointly 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 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941
OP (FC).No.428 of 2019
AGAINST THE ORDER/JUDGMENT IN OP 497/2018 of FAMILY COURT, IRINJALAKUDA
PETITIONER/:
SRUTHI JANARDHANAN, AGED 28 YEARS D/O.JANARDHANAN NAIR, KAKKARA HOUSE, KANDESWARAM DESOM, MANAVALASSERY VILLAGE, IRINJAKUIDA P.O., MUKUNDAPURAM TALUK, THRISSUR-680 121
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 SREETHU GOPI, AGED 35, S/O. GOPI, MEPARAMBATH HOUSE, SREESRUTHI P.O., KOTTUVALLI, KOTTUVALLI VILLAGE DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673 016
2 GOPI, AGED 72 YEARS S/O. NARAYANAN NAIR, MEPARAMBATH HOUSE, SREESRUTHI P.O., KOTTUVALLI, KOTTUVALLI VILLAGE DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673 016
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.428 of 2019
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JUDGMENT
Harilal, J
The petitioner herein is the petitioner in O.P.No.497/2018 and M.C.No.136/2018 pending
before the Family Court, Irinjalakuda. She is the respondent in O.P.No.582/2018 pending before the very same court. Without disclosing the pendency of O.P.No.497/2018 and M.C.No.136/2018, the respondent has approached this Court by filing O.P.(FC)
No.361/2019 and obtained Ext.P5 order wherein the Family Court, Irinjalakuda was directed to dispose the aforesaid O.P.No.582/2018 within a period of six months from the date of the order.
According to the petitioner, since the matters in
OP (FC).No.428 of 2019
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issue are closely connected each other, the
disposal of O.P.No.582/2018 alone would cause prejudice to her rights and interests. Hence the petitioner sought for a direction to the Family Court, Irinjalakuda to dispose O.P.No.497/2018 and M.C.No.136/2018 along with O.P.No.582/2018
within the prescribed period.
the same parties before the same court and the matters in issue involved are closely connected,
the Family Court, Irinjalakuda is hereby directed
to dispose the O.P.No.497/2018 and
OP (FC).No.428 of 2019
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M.C.No.136/2018 along with O.P.No.582/2018
within a period of six months from the date of
judgment of Ext.P5.
The original petition is disposed of accordingly.
Sd/-
K.HARILAL, JUDGE
sd/- ANNIE JOHN, JUDGE
AMV/03/07/2019
OP (FC).No.428 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORIGINAL PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, IRINJALAKUDA AS OP NO.497 OF 2018 DATED NIL EXHIBIT P2 A TRUE COPY OF THE MC NO.136 OF 2018 ON THE FIlE OF THE FAMILY COURT, IRINJALAKUDA FILED DATED NIL EXHIBIT P3 A TRUE COPY OF THE OBJECTION FILED BY THE FIRST RESPONDENT HEREIN TO EXT P2 DATED 16.11.2018 EXHIBIT P4 A TRUE COPY OF THE MEMORANDUM OF OP(FC) NO.361 OF 2019 DATED BEFORE THIS HON'BLE COURT DATED EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DELIVERED IN OP (FC) NO.361 OF 2019 DATED 7.6.2019 BY THIS HON'BLE COURT
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
1 issue framed by the court
Whether the Family Court should be directed to dispose of connected pending petitions simultaneously to prevent prejudice.
SRUTHI JANARDHANAN
SREETHU GOPI
GOPI
K.Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
