Disposed

Manu Chandy Jacob v. Sally

Kerala HC1 Feb 2021WP(C)/29116/2020

Case brief

AI extract

What is this about?

This writ petition sought a direction to dispose of pending matrimonial and criminal cases within three months due to the ill health of the petitioners and due delay. The High Court directed the Family Court and relevant subordinate courts to dispose of the matters expeditiously.

What did the court decide?

Directed the Family Court and other concerned courts to dispose of the pending cases within three months.

Manu Chandy Jacob Vs Sally — Civil Procedure and Limitation | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 01ST DAY OF FEBRUARY 2021/12TH MAGHA,1942

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WP(C).No.29116 OF 2020(L)

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PETITIONERS:

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1 MANU CHANDY JACOB, AGED 48/2020 YEARS, S/O.T.J.JACOB, THAZHATHATHIL HOUSE, MNRA 169, MAVELI NAGAR, NEAR CUSAT, SOUTH KALAMASSERY, KOCHI-682 022, REPRESENTED BY HIS GUARDIAN,RESPONDENT NO.2 APPOINTED AS PER ORDER DATED 19.06.2018 IN OP(MH)NO.1126 OF 2018 BY THE HON'BLE VITH ADDL DISTRICT COURT, ERNAKULAM.

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2 T.J.JACOB, AGED 86/20, S/O.T.C.JOHN, THAZHATHATHIL HOUSE, MNRA 169,MAVELI NAGAR, NEAR CUSAT,SOUTH KALAMASSERY, KOCHI-682 022.

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3 MRS.MERCY JACOB, AGED 75/2020, W/O.T.J.JACOB, THAZHATHATHIL HOUSE, MNRA 169, MAVELI NAGAR, NEAR CUSAT, SOUTH KALAMASSERY, KOCHI-682 022.

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BY ADVS. SMT.SADHANA KUMARI ESWARI SMT.ANUSHA P SIVANANDAN

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RESPONDENTS:

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1 SALLY, AGED 46/2020, W/O.MANU CHANDY JACOB, D/O.MR.KURIAKOSE, KATTUPADATH HOUSE, EDAYAR P.O., PIN-686 662, KOOTHATTUKULAM.

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2 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LAW, SECRETARIAT, TRIVANDRUM-695 001.

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R1 BY ADV. SRI.P.DALBI EMMANUEL GOVT. PLEADER - SMT.RASHMI K.M

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.29116/2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 1^st day of February, 2021

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Petitioners 1 to 3 are before this Court seeking to direct the early disposal of pending cases, namely MC No.1/2015 pending before the JFCM, Kalamassery, Criminal Appeal No.281/2020 pending before the 7^th Additional District Court, Ernakulam and OP No.985/2014, OP No.2228/2014, OP No.2198/2017 and MC No.1/2017 pending before the Family Court, Ernakulam, within a time limit to be fixed by this Court.

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The petitioners submit that petitioners 2 and 3 are aged parents of the 1^st petitioner, who is allegedly ill and is represented by legal guardian. The 2^nd petitioner is aged 86 years and the 3^rd petitioner is aged 75 years. They are bed ridden. The 1^st petitioner became allegedly ill after five years of marriage. The 1^st petitioner filed a divorce case on

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WP(C)No.29116/2020

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21.05.2014 against the 1^st respondent. The 1^st respondent filed petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, as a counterblast on 30.09.2014.

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MC No.1/2015 filed under the Protection of Women from Domestic Violence Act, 2005, is pending before the JFCM, Kalamassery since 2014. The evidence in the case was started on 28.05.2016 and closed on 06.10.2020. The attempts made by the Magistrate for completing the final hearing was frustrated by the 1^st respondent by filing appeal before the District and Sessions Court. The evidence in the Family Court matter though started on 12.03.2019, it could not be completed. An Advocate Commissioner was appointed. The evidence of the petitioner was completed. The Advocate Commissioner surrendered her warrant stating that she is not able to complete the evidence as the 1^st respondent was not co-operating. The 1^st respondent did not turn up to adduce evidence. Till now, the evidence of the 1^st respondent could not be started due to the non-cooperation of the 1^st

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WP(C)No.29116/2020

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respondent. It is under these circumstances that the petitioners have filed this writ petition.

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This Court sought a report from the Family Court,

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Ernakulam as regards the matters. It is informed by the Family Court to the Registrar(Judicial) of this Court that joint trial was commenced in the cases pending before the Family Court, treating OP No.985/2014 as the leading case. The said case was filed by the 1^st petitioner herein. OP No.2228/2014 was filed by the 1^st respondent. Yet another OP No.2198/2017 is filed by the 2^nd petitioner herein seeking decree of declaration and permanent prohibitory injunction against the 1^st respondent. MC No.1/2017 was filed by the 1^st respondent invoking Section 125 Cr.P.C. against the petitioners seeking maintenance.

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The Family Court, Ernakulam informed that the cases were being called before the Kochi Camp of the Family Court and an Advocate Commissioner was deputed to record evidence and she partly recorded the evidence of the 2^nd petitioner. The Advocate Commissioner submitted an interim

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report stating difficulty to take evidence in the case due to the non-cooperation of the counsel. Accordingly, the rest of the re-examination of the 2^nd petitioner is seen to have been recorded before Court and his examination is completed on 13.02.2020 and the case was posted for evidence to 16.04.2020. Due to Covid-19 pandemic, the case was adjourned and now stands posted to 11.02.2021 for further part of evidence.

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I have heard the learned counsel for the petitioners. In spite of service of notice on the 1^st respondent, the 1^st respondent is not represented in the writ petition.

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The Family Court matters relate back to the year 2014. Therefore, there is no reason to prolong the matters further. In the circumstances, the Family Court, Ernakulam is directed to take up OP No.985/2014, OP No.2228/2014, OP No.2198/2017 and MC No.1/2017 and dispose of the same, as expeditiously as possible, within a period of three months. The JFCM, Kalamassery is directed to dispose of MC No.1/2015 and the 7^th Additional District Court, Ernakulam is

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directed to dispose of Criminal Appeal No.281/2020, within a period of three months.

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Writ petition is disposed of as above.

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Sd/- N. NAGARESH, JUDGE

aks/02.02.2021

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE COPY OF THE ORDER IN THE INTERIM APPLICATION CMP 75A/2015.
EXHIBIT P2	COPY OF THE ORDER 21.11.2017 IN W.P. (C)NO.31784 OF 2017.
EXHIBIT P3	THE COPY OF THE ORDER IN THE OP(MH)NO.1126 OF 2017 DATED 19.06.2018.
EXHIBIT P4	COPY OF THE ORDER DATED 23.01.2020 IN CR.M.C.NO.8204/2019.
EXHIBIT P5	THE COPY OF THE PETITION FILED BY THE RESPONDENT CMP 1179/2020.
EXHIBIT P6	THE COPY OF THE ORDER IN CMP NO.1179/20 IN M.C.01/2015 PRODUCED DATED 30.09.2020.
EXHIBIT P7	COPY OF THE PETITION CMP 1273/20.
EXHIBIT P8	COPY OF THE ORDER DISMISSING PETITION CMP 1273/2020 DATED 04.11.2020.

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ncd

Manu Chandy Jacob v. Sally

Case brief

What is this about?

What did the court decide?

Manu Chandy Jacob v. Sally

Case brief

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