Allowed

Sooraj . S. Pillai Represented by Power Attorney Holder Surendran v. Dhanya V.H

Kerala HC14 Oct 2022OP (FC)/291/2022

Case brief

AI extract

What is this about?

High Court Kerala issued a writ petition under Article 227 directing the Family Court Kollam to decide the petitioner's matrimonial petition (dissolution of marriage filed in 2019) within four months to prevent further prejudice to both parties.

What did the court decide?

Family Court, Kollam directed to dispose of O.P.(HMA) No.988 of 2019 within four months from the date of production of a certified copy of this judgment.

Sooraj . S. Pillai Represented by Power Attorney… — Matrimonial and Divorce | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 14^TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 O.P.(FC) NO. 291 OF 2022

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SPEEDY DISPOSAL OF O.P.(HMA) NO.988 OF 2019 OF THE FAMILY COURT, KOLLAM

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PETITIONER:

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SOORAJ S.PILLAI, REPRESENTED BY POWER ATTORNEY HOLDER SURENDRAN, AGED 70 YEARS, DWARAKA, KIZHAKKE OTHERA VILLAGE, OTHERA P.O, PATHANAMTHITTA , PIN – 689546.

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BY ADV BINDU GEORGE

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RESPONDENT:

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DHANYA V.H AGED 29 YEARS, D/O HARIKUMAR, THATWAMASI,CHANDANATHOPPU.P.O, KOTTAMKARA VILLAGE, KOLLAM, PIN – 691014.

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BY ADVS. MAYA T S C.VIJAYAKUMARI

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THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) No.291 of 2022

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JUDGMENT

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Ajithkumar, J.

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The petitioner in O.P.(HMA) No.988 OF 2019 on the file of the Family Court, Kollam has filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the said court to dispose of that case in a time bound manner.

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On 30.05.2022, notice before admission was directed to be served on the respondent. On 27.06.2022, parties were directed to attend mediation. But the mediation was not fruitful.

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Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the respondent.

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The petitioner filed O.P.(HMA) No.28 of 2019 before the Family Court, Thiruvalla seeking dissolution of his marriage with the respondent, which was solemnised on 28.01.2014. That O.P was transferred to the Family Court, Kollam as per the order of this Court and pending as

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O.P.(FC) No.291 of 2022

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O.P.No.988 of 2019. Grievance of the petitioner now is that any further delay in the disposal of O.P.No.988 of 2019 will cause much prejudice to him.

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The learned counsel appearing for the petitioner would submit that there are other cases also between the parties and as per the order of the Family Court, Kollam, the petitioner has been making payment of the interim maintenance, which is a huge sum. But there is no progress in the proceedings of the case. The learned counsel would submit that an early disposal of O.P.(HMA) No.988 of 2019 is required in the interest of not only the petitioner, but also the respondent.

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The learned counsel appearing for the respondent does not resist the prayer very much, although a counter affidavit was filed by the respondent. The contentions in the counter affidavit are regarding merits of the cases between the parties, non-payment of interim maintenance and requirement of a joint trial of O.P.(HMA) No.988 of 2019 along

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O.P.(FC) No.291 of 2022

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with the connected cases.

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It is seen that the petitioner has filed I.A.No.4 of 2021 requesting to dispose of O.P.(HMA) N.988 OF 2019 expeditiously. That application was allowed on 15.12.2021. Ext.P4 is a copy of that order. However, the trial of the case has not taken place yet. Besides, O.P.(HMA) No.988 of 2019, two other cases between the parties are pending consideration of the Family Court, Kollam. Whether those cases require consolidation and joint trial is a matter to be considered by the Family Court. Considering the facts that the O.P. was filed in the year 2019, the relief claimed is dissolution of marriage and the requirement of its speedy trial has been affirmed by the Family Court in Ext.P4, it is only appropriate to direct to dispose of that case within a time frame.

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Accordingly, this Original Petition is disposed of and the Family Court, Kollam is directed to dispose of O.P.(HMA) No.988 of 2019 within a period of four months from the date

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O.P.(FC) No.291 of 2022

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of production of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

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O.P.(FC) No.291 of 2022

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APPENDIX OF OP (FC) 291/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 THE COPY OF POWER OF ATTORNEY EXECUTED BY THE PETITIONER DATED 6/12/2019

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EXHIBIT P2 THE COPY OF PETITION DATED 24/01/2019 IN THE FAMILY COURT, THIRUVALLA AS O. P. (HMA) NO.28/2019

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EXHIBIT P3 THE COPY OF THE INTERLOCUTORY APPLICATION IA NO.4/2021 DATED 31/08/2021 FILED BEFORE THE FAMILY COURT, KOLLAM.

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EXHIBIT P4 THE COPY OF THE ORDER IN I. A. NO. 4/2021 DATED 15.12.2021 PASSED BY FAMILY COURT, KOLLAM

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RESPONDENT EXHIBITS

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EXHIBIT R-1[A] TRUE COPY OF IA 1/2021 FILED BY THIS RESPONDENT DATED 29-3-3031 IN OP[HMA] 988/2021 PENDING BEFORE THE FAMILY COURT KOLLAM

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EXHIBIT R-1[C] TRUE COPY OF IA 3/2021 FILED BY THIS PETITIONER IN OP[HMA] 988/2019 DATED 308-2021

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EXHIBIT R-1[B] TRUE COPY OF HE OBJECTION FILED BY THIS PETITIONER IN EXT R-1[A] DATED 31-8-2021 EXHIBIT R-1[D] TRUE COPY OF THE OBJECTION FILED BY THIS RESPONDENT IN EXT R-1[C] DATED 15-11-21

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EXHIBIT R-1[E] TRUE COPY OF HE DISMISSAL ORDER IN MC 195/2016 DATED 8-8-2016 AND THE COMPROMISE AGREEMENT DATED 5-8-2016

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O.P.(FC) No.291 of 2022

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EXHIBIT R-1[F] TRUE COPY OF MC 86/2019 FILED ON 27-22019 BY THIS RESPONDENT BEFORE THE FAMILY COURT KOLLAM

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EXHIBIT R-1[G] TRUE COPY OFF THE ORDER IN INTERIM MAINTENANCE PETITION CMP 196/2021 IN MC 86/2019 DATED 30-5-2022

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EXHIBIT R-1[H] TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN MC 86/2019 DATED 21-3-2022

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EXHIBIT R-1[I] TRUE COPY OF OP[CIVIL] 166/2022 DATED 7- 4-2022 FILED BY THIS RESPONDENT PENDING BEFORE THE FAMILY COURT KOLLAM

Sooraj . S. Pillai Represented by Power Attorney Holder Surendran v. Dhanya V.H

Case brief

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Sooraj . S. Pillai Represented by Power Attorney Holder Surendran v. Dhanya V.H

Case brief

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