This original petition challenged the delay in disposing of two original petitions pending before the Family Court, Irinjalakuda. The court directed the lower court to complete the trial and dispose of the matters within three months.
Direct the Family Court, Irinjalakuda to complete the trial and dispose of the original petitions within three 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
THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941
OP (FC).No.533 OF 2019
PETITIONER/S:
K.L.RAJU,AGED 51 YEARS S/O.LONAPPAN, KALLIYATH HOUSE, ALUR, THRISSUR- 680 683.
BY ADV. SRI.DILIP J. AKKARA
RESPONDENT/S:
SIBI.K.VARGHESE, AGED 46 YEARS W/O.K.L.RAJU AND D/O.VARGHESE, KALLELI HOUSE, KANJIRAPPILLY P.O., PARIYARAM VILLAGE, CHALAKUDI TALUK- 680 721.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.533 OF 2019
2
JUDGMENT
Harilal, J
The petitioner herein is the respondent in Exts.P1
and P2 original petitions pending before the Family
Court, Irinjalakuda. Aggrieved by the delay in disposal of the aforesaid original petitions, despite the fact that the trial commenced on 28.09.2017, the petitioner approached this Court by filing this original petition and sought for a direction to complete the trial and dispose the aforesaid original petitions within a time frame.
actual trial has commenced on 28.09.2017, now
the case has been posted for the further evidence
OP (FC).No.533 OF 2019
3
of the respondent. In short, the trial has not been
completed despite the lapse of two years. We find force in the arguments advanced by the learned counsel for the petitioner and the grievance projected in this original petition. Hence, the Family Court, Irinjalakuda is hereby directed to complete the trial and dispose of the aforesaid original petitions, at the earliest, at any rate, within a period of three months from today.
The O.P.(FC) is disposed of accordingly.
Sd/- K.HARILAL, JUDGE
sd/- ANNIE JOHN, JUDGE
AMV/03/10/2019
OP (FC).No.533 OF 2019
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF O.P.NO.48/16 DATED 15.01.2016 OF THE FAMILY COURT, IRINJALAKUDA FILED BY RESPONDENT. EXHIBIT P2 PHOTOCOPY OF O.P.NO.49/2016 DATED 15.01.2016 OF FAMILY COURT, IRINJALAKUDA FILED BY RESPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
1 issue framed by the court
Whether to direct the Family Court, Irinjalakuda to complete the trial and dispose of the pending original petitions within a specific time frame due to delay.
K.L.Raju
Sibi.K Varghese
Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
