Partly allowed

Beena M.D. v. Raju Narayana Swamy

Kerala HC24 Jun 2019OP (FC)/618/2017

Case brief

AI extract

What is this about?

The High Court of Kerala consolidated four original petitions filed against interim orders in a Family Court proceeding. It directed the Family Court to dispose of the main suit within six months, ignoring observations in the challenged interim orders.

What did the court decide?

Family Court directed to dispose original petition within six months untrammeled by challenged interim orders. Original petitions disposed of.

Beena M.D. Vs Raju Narayana Swamy — Civil Procedure and Limitation | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.HARILAL

¶4

¶5

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

¶6

MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941

¶7

OP (FC).No.618 of 2017

¶8

AGAINST THE ORDER/JUDGMENT IN I.A.NO.2650/2017 IN OP 1485/2017 of FAMILY COURT, ERNAKULAM DATED 17-10-2017

¶9

PETITIONER/PETITIONER IN O.P.:

¶10

BEENA M.D., AGED 44, D/O. M.N.DIVAKARAN, RESIDING AT HOUSE NO.XV/798-8-1, VATTAMAKKAL ROAD, MOOLAMKUZHI P.O, ERNAKULAM, COCHIN-682 005, KOCHI TALUK, ERNAKULAM DISTRICT.

¶11

BY ADVS. SRI.K.C.ELDHO SRI.ABRAHAM P.GEORGE SRI.ANEESH JAMES SRI.JIJO THOMAS SRI.S.SREEKUMAR (SR.)

¶12

RESPONDENTS/RESPONDENTS IN O.P.:

¶13

1 RAJU NARAYANA SWAMY, AGED 48, S/O K.S.VENKITHACHALAM IYER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.

¶14

2 K.S.VENKITHACHALAM IYER, AGED ABOUT 76, FATHER'S NAME NOT KNOWN TO THE PETITIONER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.

¶15

¶16

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶17

3 L.RAJAMMAL, AGED ABOUT 72, W/O K.S.VENKITHACHALAM IYER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.

¶18

BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.JOHNSON GOMEZ SRI.SANJAY JOHNSON SRI.S.BIJU (KIZHAKKANELA)

¶19

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.06.2019, ALONG WITH OP (FC).619/2017, OP (FC).620/2017, OP (FC).628/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

¶21

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR.JUSTICE K.HARILAL

¶25

¶26

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

¶27

MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941

¶28

OP (FC).No.619 of 2017

¶29

AGAINST THE COMMON ORDER IN IA NO.2651/2017 IN OP 1485/2017 of FAMILY COURT,ERNAKULAM DATED 17.10.2017

¶30

PETITIONER/PETITIONER IN OP:

¶31

BEENA M D., AGED 44, D/O.M.N.DIVAKARAN, RESIDING AT HOUSE NO.XV/798-8-1,VATTAMAKKAL ROAD, MOOLAMKUZHI P.O.,ERNAKULAM, COCHIN-682 005, KOCHI TALUK, ERNAKULAM DISTRICT.

¶32

BY ADVS. SRI.K.C.ELDHO SRI.ABRAHAM P.GEORGE SRI.ANEESH JAMES SRI.JIJO THOMAS SRI.MALLENATHAN.M. SRI.S.SREEKUMAR (SR.)

¶33

RESPONDENTS/RESPONDENTS IN OP:

¶34

1 RAJU NARAYANA SWAMY, AGED 48, S/O. K.S.VENKITHACHALAM IYER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011

¶35

2 K.S.VENKITHACHALAM IYER

¶36

AGED 76, FATHER'S NAME NOT KNOWN TO THE PETITIONER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE PO., THIRUVANANTHAPURAM-695 011

¶37

¶38

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶39

3 L.RAJAMMAL, AGED 72, W/O. K.S.VENKITHACHALAM IYER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011

¶40

BY ADVS. SRI.JOHNSON GOMEZ SRI.C.UNNIKRISHNAN (KOLLAM)

¶41

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.06.2019, ALONG WITH OP (FC).628/2017, OP (FC).620/2017, OP (FC).618/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶42

¶43

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶44

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶45

PRESENT

¶46

THE HONOURABLE MR.JUSTICE K.HARILAL

¶47

¶48

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

¶49

MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941

¶50

OP (FC).No.620 of 2017

¶51

AGAINST THE COMMON ORDER IN I.A.NO.2652/2017 IN OP 1485/2017 of FAMILY COURT, ERNAKULAM DATED 17-10-2017

¶52

PETITIONER/PETITIONER IN O.P:

¶53

BEENA M.D. AGED 44 YEARS D/O.M N DIVAKARAN RESIDING AT HOUSE NO.XV/798-8-1, VATTAMAKKAL ROAD, MOOLAMKUZHI P O ERNAKULAM,COCHIN-682 005, KOCHI TALUK, ERNAKULAM DISTRICT.

¶54

BY ADVS. SRI.K.C.ELDHO SRI.ABRAHAM P.GEORGE SRI.ANEESH JAMES SRI.JIJO THOMAS SRI.S.SREEKUMAR (SR.)

¶55

RESPONDENTS/RESPONDENTS IN O.P.:

¶56

1 RAJU NARAYANA SWAMY, AGED 48, S/O K S VENKITHACHALAM IYER, RESIDING AT R.G.324,ULLOOR GRAMAM MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011

¶57

2 K.S.VENKITHACHALAM IYER, AGED ABOUT 76, FATHER'S NAME NOT KNOWN TO THE PETITIONER, RESIDING AT R.G.324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O,THIRUVANANTHAPURAM-695 011

¶58

¶59

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶60

3 L RAJAMMAL, AGED ABOUT 72, W/O KS VENKITHACHALAM IYER, RESIDING AT R G 324,ULLOR GRAMAM, MEDICAL COLLEGE P O THIRUVANANTHAPURAM-695 011. BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) S BIJU SRI.JOHNSON GOMEZ SRI.SANJAY JOHNSON

¶61

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.06.2019, ALONG WITH OP (FC).628/2017, OP (FC).619/2017, OP (FC).618/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶62

¶63

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶64

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶65

PRESENT

¶66

THE HONOURABLE MR.JUSTICE K.HARILAL

¶67

¶68

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

¶69

MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941

¶70

OP (FC).No.628 of 2017

¶71

AGAINST THE COMMON ORDER IN I.A.NO.2649/2017 IN OP 1485/2017 of FAMILY COURT, ERNAKULAM DATED 17.10.2017

¶72

PETITIONER/PETITIONER IN O.P:

¶73

BEENA M D., AGED 44, D/O. M.N. DIVAKARAN, RESIDING AT HOUSE NO. XV/798-8-1, VATTAMAKKAL ROAD, MOOLAMKUZHI P.O, ERNAKULAM, COCHIN-682 005., KOCHI TALUK, ERNAKULAM DISTRICT.

¶74

BY ADVS. SRI.K.C.ELDHO SRI.ABRAHAM P.GEORGE SRI.ANEESH JAMES SRI.JIJO THOMAS SRI.S.SREEKUMAR (SR.)

¶75

RESPONDENTS/RESPONDENTS IN O.P:

¶76

1 RAJU NARAYANA SWAMY

¶77

AGED 48, S/O. K.S. VENKITACHALAM IYER, RESIDING AT R.G. 324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011.

¶78

2 K.S. VENKITHACHALAM IYER AGED ABOUT 76, FATHER'S NAME NOT KNOWN TO THE PETITIONER, RESIDING AT R.G. 324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011.

¶79

¶80

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶81

3 L. RAJAMMAL, AGED ABOUT 72, W/O. K.S. VENKITHACHALAM IYER, RESIDING AT R.G. 324, ULLOOR GRAMAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011.

¶82

BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) S BIJU SRI.JOHNSON GOMEZ

¶83

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.06.2019, ALONG WITH OP (FC).620/2017, OP (FC).619/2017, OP (FC).618/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶84

¶85

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶86

JUDGMENT

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Harilal, J

¶88

Since the parties are common, all these original petitions are heard together and disposed of accordingly. All these original petitions arise out of a common order passed on different I.As., as I.A.Nos.2650/2017, 2651/2017, 2652/2017 & 2649/2017, in O.P.No.1485 of 2017 pending before the Family Court, Ernakulam. The learned counsel for the petitioner confines the various reliefs sought for in all the aforesaid original petitions to

¶89

an early disposal of O.P.No.1485/2017, untrammeled by the observation in the different

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I.As under challenge in these original petitions

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only.

¶92

¶93

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

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Having regard to the aforesaid submission, the

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Family Court, Ernakulam is hereby directed to

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dispose the aforesaid O.P.(FC) No.1485 of 2017 at

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the earliest, at any rate, within a period of six

¶98

months from today, untrammeled by any of the observations made in the interim orders under

¶99

challenge in these original petitions.

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These original petitions are disposed of

accordingly.

Sd/-

K.HARILAL, JUDGE

sd/-

ANNIE JOHN, JUDGE

¶106

AMV/26/06/2019

¶107

¶108

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶109

APPENDIX OF OP (FC) 618/2017

¶110

PETITIONER'S/S EXHIBITS:

¶111

EXHIBIT P1:	A TRUE COPY OF THE ORIGINAL PETITION
	IN OP NO.1485 OF 2017 ON THE FILE OF THE FAMILY COURT, ERNAKULAM.
EXHIBIT P2:	A TRUE COPY OF IA NO.2649/2017 IN EXHIBIT P1:
EXHIBIT P3:	COPY OF IA NO.2650/2017 IN EXHIBIT P1.
EXHIBIT P4:	COPY OF IA NO.2651/2017 IN EXHIBIT P1.
EXHIBIT P5:	COPY OF IA NO.2652/2017 IN EXHIBIT P1.
EXHIBIT P6:	COPY OF COUNTER AFFIDAVIT IN IA NO.2649/2017 IN EXHIBIT P1.
EXHIBIT P7:	COPY OF COUNTER AFFIDAVIT IN IA NO.2650/2017 IN EXHIBIT P1:
EXHIBIT P8:	COPY OF COUNTER AFFIDAVIT IN IA NO.2651/2017 IN EXHIBIT P1.
EXHIBIT P9:	COPY OF COUNTER AFFIDAVIT IN IA NO.2652/2017 IN EXHIBIT P1.
EXHIBIT P10:	COPY OF THE JUDGMENT DATED 4.10.2017 IN OP(FC) NO.427/2017 OF FAMILY COURT, ERNAKULAM.
EXHIBIT P11:	COPY OF THE ORDER DATED 17.10.2017 OF THE FAMILY COURT, ERNAKULAM IN EXHIBIT P2 TO P5.

¶112

RESPONDENTS EXHIBITS : NIL

¶113

TRUE COPY P.A.TO JUDGE

¶114

¶115

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶116

APPENDIX OF OP (FC) 619/2017

¶117

PETITIONER'S/S EXHIBITS:

¶118

EXHIBIT P1: COPY OF THE ORIGINAL PETITION IN OP NO.1485 OF 2017 ON THE FILE OF THE FAMILY COURT ERNAKULAM EXHIBIT P2: COPY OF IA NO.2649/2017 IN EXHIBIT P1 EXHIBTI P3: COPY OF IA NO.2650/2017 IN EXHIBIT P1 EXHIBIT P4: COPY OF IA NO.2651/2017 IN EXHIBIT P1 EXHIBIT P5: COPY OF IA NO.2652/2017 IN EXHIBIT P1 EXHIBIT P6: COPY OF THE COUNTER AFFIDAVIT IN IA NO.2649/2017 IN EXHIBIT P1 EXHIBIT P7: COPY OF THE COUNTER AFFIDAVIT IN IA NO.2650/2017 IN EXHIBIT P1 EXHIBIT P8: COPY OF THE COUNTER AFFIDAVIT IN IA NO.2651/2017 IN EXHIBIT P1 EXHIBIT P9: COPY OF THE COUNTER AFFIDAVIT IN IA NO.2652/2017 IN EXHIBIT P1 EXHIBIT P10: COPY OF THE JUDGMENT DATED 04.10.2017 IN OPFC NO.427/2017 OF IN THIS HON'BLE COURT EXHIBIT P11: COPY OF THE COMMON ORDER DATED 17.10.2017 OF THE FAMILY COURT, ERNAKULAM

¶119

RESPONDENTS EXHIBITS : NIL

¶120

TRUE COPY P.A.TO JUDGE

¶121

¶122

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶123

APPENDIX OF OP (FC) 620/2017

¶124

PETITIONER'S/S EXHIBITS:

¶125

¶126

RESPONDENTS EXHIBITS : NIL

¶127

TRUE COPY P.A.TO JUDGE

¶128

¶129

O.P.(FC) NOS.618, 619, 620 & 628 OF 2017

¶130

APPENDIX OF OP (FC) 628/2017

¶131

PETITIONER'S/S EXHIBITS:

¶132

¶133

RESPONDENTS EXHIBITS : NIL

¶134

TRUE COPY P.A.TO JUDGE

Beena M.D. v. Raju Narayana Swamy

Case brief

What is this about?

What did the court decide?

Beena M.D. v. Raju Narayana Swamy

Case brief

What is this about?

What did the court decide?

What the court decided

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