The High Court disposed of O.P.(FC).No.435/2021, directing the Family Court to finalize the matrimonial dispute based on the settlement reached in Lok Adalath on reference from the Family Court.
Directing Family Court to dispose case per Lok Adalath settlement.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 27TH DAY OF SEPTEMBER 2021 / 5TH ASWINA, 1943 OP (FC) NO. 435 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPGW 1353/2020 OF FAMILY COURT,ERNAKULAM, ERNAKULAM
PETITIONER/RESPONDENT:
ANU K.JOSEPH AGED 35 YEARS D/O.K.J.JOSEPH, KANNEZHATHU HOUSE, MUNDAMVELI POST, ERNAKULAM-682507.
BY ADV C.G.PREETHA
RESPONDENT/RESPONDENT:
THOMAS JOY K
AGED 38 YEARS
S/O.LATE K.M.JOSHY, KANDATHIL HOUSE, PRIYADARSINI HOUSING COLONY, MARADU POST, ERNAKULAM-682304.
BY ADV K.SIMOD SIVAN
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 27.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.435/2021
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Dated this the 27th day of September, 2021
A.Muhamed Mustaque,J.
It is submitted that the dispute between the parties has settled in Lok
Adalath on a reference from the Family Court. In such circumstances, we
are of the view that the Family Court shall dispose of the case in terms of
the settlement entered between the parties in the Lok Adalath, at the
earliest.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.435/2021
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APPENDIX OF OP (FC) 435/2021
PETITIONER EXHIBITS
| Exhibit P1 | THE TRUE COPY OF THE PETITION IN M.C.NO.15 OF 2020 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT- VIII, ERNAKULAM DATED 27.07.2020. |
|---|---|
| Exhibit P2 | THE TRUE COPY OF THE ORDER IN CRL.M.P.NO.844(A) OF 2020 IN M.C.NO.15 OF 2020 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-VIII, ERNAKULAM DATED 03.08.2020. |
| Exhibit P3 | THE TRUE COPY OF THE ORIGINAL PETITION IN O.P.(G & W) NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 24.07.2020. |
| Exhibit P4 | THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN O.P(G & W) NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 28.12.2020. |
| Exhibit P5 | THE TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN I.A.NO.2316 OF 2020 IN O.P.(G & W) NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 24.07.2020. |
| Exhibit P6 | THE TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN I.A.NO.3383 OF 2020 IN O.P(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 22.10.2020. |
O.P.(FC).No.435/2021
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Exhibit P7 THE TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN I.A.NO.3786 OF 2020 IN O.P.(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 18.11.2020. Exhibit P8 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO I.A.NO.3786 OF 2020 IN O.P(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 09.12.2020. Exhibit P9 THE TRUE COPY OF THE ORDER IN I.A.NO.3786 OF 2020 IN O.P(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 09.12.2020. Exhibit P10 THE TRUE COPY OF THE ORDER IN I.A.NO.3383 OF 2020 IN O.P(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 28.12.2020. Exhibit P11 THE TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN I.A.NO.2956 OF 2021 IN O.P(G & W) NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 19.07.2021. Exhibit P12 THE TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN I.A.NO.2957 OF 2021 IN OP(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 19.07.2021. Exhibit P13 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.NO.2957 OF 2021 IN O.P.(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 14.08.2021.
O.P.(FC).No.435/2021
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Exhibit P14 THE TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN I.A.NO.3387 OF 2021 IN O.P.(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 05.08.2021. Exhibit P15 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER TO I.A.NO.3387 OF 2021 IN OP(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 14.08.2021. Exhibit P16 THE TRUE COPY OF THE ORDER IN O.P(G & W)NO.1353 OF 2020 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 18.08.2021.
RESPONDENT EXHIBITS
Exhibit R1 THE TRUE COPY OF THE AWARD PASSED BY THE LOK ADALAT, ERNAKULAM.
1 issue framed by the court
Whether Family Court case should be disposed upon Lok Adalath settlement
1 provisions across 1 enactments
ANU K.JOSEPH
THOMAS JOY K
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH MONDAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
