High Court addressed petitioner's complaint regarding delay in Family Court. Relying on Shiju Joy v. Nisha guidelines, Court directed Family Court to follow expeditious disposal protocol and allow online interaction.
Directs Family Court to follow expeditious disposal guidelines and allow online interaction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
OP (FC) NO. 347 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 2423/2018 OF FAMILY
COURT,ERNAKULAM, ERNAKULAM
PETITIONER:
ALEX GEORGE, AGED 34 YEARS, S/O. GEORGE
BENJAMIN, CHAMAPARAMBIL HOUSE, KAKKANAD, KOCHI-
682 021.
BY ADVS.
JIJI THOMAS
SMITHA MATHEW
RESPONDENT:
MARGIRIN DAVI P. (JUBLE), AGED 29 YEARS
D/O. GRAY DAVID, PARASSERIL HOUSE, KAITHAKODE,
THODUPUZHA, IDUKKI-691543.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO. 347 OF 2021
..2..
JUDGMENT
A.Muhamed Mustaque,J.
This original petition has been filed alleging
delay in the disposal of O.P No.2423 of 2018 on
the files of the Family Court, Ernakulam.
2. A Division Bench of this Court by judgment
dated 23.3.2021 in O.P.(FC).No.352/2020 and
connected cases [Shiju Joy v. Nisha (2021 (2) KLT
607)] had issued necessary guidelines for disposal
of matters pending before the Family Court. The
Family Court is bound to follow the directions in
the above case. Even the request for expeditious
disposal can be made before the Family Court itself
at the first instance as per the directions in the
above judgment.
This Original petition is disposed of in the light
of the above judgment. The directions in the above
judgment shall be scrupulously followed in this
OP (FC) NO. 347 OF 2021
..3..
matter also. The Family Court can interact with
the parties online, if so warranted.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
PR
OP (FC) NO. 347 OF 2021
..4..
APPENDIX OF OP (FC) 347/2021
PETITIONER ANNEXURE
Exhibit P1 A COPY OF THE ORIGINAL PETITION IN OP
NO.2423/2018 DATED 26/10/2018.
Exhibit P2 A COPY OF THE OBJECTION SUBMITTED BY
THE RESPONDENT.
Exhibit P3 A COPY OF THE REPLY AFFIDAVIT DATED
01/03/2021.
1 issue framed by the court
Whether the delay in disposal of original petition O.P No. 2423 of 2018 be addressed in light of Apex Court guidelines.
Colour shows how this judgement treated each authority
Shiju Joy v. NishaRelied on¶2
Shiju Joy v. Nisha (2021 (2) KLT 607)
Alex George
Margirin Davi P. (Juble)
A.Muhamed Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court