The High Court of Kerala directed the Family Court, Alappuzha, to finally dispose of specific interlocutory applications (Exts. P2 to P5) within three months. Notice to the husband was dispensed with.
Directed the Family Court, Alappuzha to finally dispose of interlocutory applications Exts. P2 to P5 within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 14TH DAY OF SEPTEMBER 2022 / 23RD BHADRA,
1944
O.P.(FC)NO.526 OF 2022
IN (PETITIONER IN I.A.NO.2082 OF 2018 IN O.P.NO.86 OF
2016, I.A.NO.2084 OF 2018 IN O.P.(GW)NO.259 OF 2016,
I.A.NO.2081 OF 2018 IN O.P.(DIV)NO.711 OF 2015 &
I.A.NO.1225 OF 2019 IN I.A.NO.2081 OF 2018 IN
O.P.(DIV)NO.711 OF 2015) ON THE FILES OF THE FAMILY COURT,
ALAPPUZHA
PETITIONER:
ASWATHI K. PANICKER,
AGED 44 YEARS,
ELANJIYIL, MAYITHARA P.O.,
CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688539
BY ADVS.
AJEESH S. BRITE
FRANCIS ASSISI
STEPHY JOSEPH
RESPONDENT:
RAJESHKUMAR. R,
AGED 48 YEARS,
PULIKKAPUZHA VEEDU, EDANADU P.O,
CHENGANOOR VILLAGE, ALAPPUZHA DISTRICT, PIN -
686104
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
14.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC)No.526 of 2022
2
JUDGMENT
Anil K. Narendran, J.
The petitioner filed O.P.No.86 of 2016 before the Family Court, Alappuzha, seeking a decree for return of gold ornaments and money against the respondent-husband. She filed M.C.No.44 of 2019, seeking maintenance. The respondent-husband filed O.P.(Divorce)No.711 of 2015, seeking a decree of divorce and O.P.(G&W)No.259 of 2016, seeking custody of the minor child by name Madhusoodanan, who was born out of that wedlock on 06.11.2014. On 08.10.2018, the Family Court dismissed O.P.No.86 of 2016 on default. O.P.No.711 of 2015 and O.P.(G&W)No.259 of 2016 were allowed ex-parte. The petitioner filed I.A.No.2082 of 2018, seeking restoration of O.P.No.86 of 2016 and that application was filed on 31.12.2018. She filed I.A.No.2084 of 2018, seeking an order to set aside the ex-parte order in O.P.(G&W)No.259 of 2016 and that application was also filed on 31.12.2018. The petitioner filed I.A.No.2081 of 2018, seeking an order to set aside the ex-parte order in O.P.(Divorce)No.711 of 2015. That application was also filed on 31.12.2018. The grievance of the petitioner is the delay in final
O.P.(FC)No.526 of 2022
3
disposal of those interlocutory applications, which are marked as Exts.P2 to P5 in this original petition.
Having considered the submissions made by the learned counsel for the petitioner, this original petition is disposed of by directing the Family Court, Alappuzha to finally dispose of Exts.P2 to P5 interlocutory applications, as expeditiously as possible, at any rate, within a period of three months from the date of production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
O.P.(FC)No.526 of 2022
4
APPENDIX OF O.P.(FC)No.526/2022
PETITIONER’S EXHIBITS:
Exhibit P1 TRUE COPY OF THE M.C.NO.44/2019 FILED BY
THE PETITIONER SEEKING MAINTENANCE FROM THE
RESPONDENT TO HER MINOR CHILD BEFORE THE
HON'BLE FAMILY COURT AT ALAPPUZHA DATED
26.04.2019
Exhibit P2 TRUE COPY OF THE I.A. NO.2082/2018 IN O.P.
NO.86/2016 FILED BY THE PETITIONER TO
RESTORE THE ABOVE CASE ON THE FILES OF
HON'BLE FAMILY COURT AT ALAPPUZHA DATED
31.12.2018
Exhibit P3 TRUE COPY OF THE I.A. NO.2084/2018 IN
O.P.(G&W)NO.259/2016 FILED BY THE
PETITIONER TO SET ASIDE THE EX PARTY ORDER
IN THE ABOVE CASE ON THE FILES OF HON'BLE
FAMILY COURT AT ALAPPUZHA DATED 31.12.2018
Exhibit P4 TRUE COPY OF THE I.A. NO.2081/2018 IN
O.P.(DIV) NO.711/2015 FILED BY THE
PETITIONER TO SET ASIDE THE EX PARTY ORDER
IN THE ABOVE CASE ON THE FILES OF HON'BLE
FAMILY COURT AT ALAPPUZHA DATED 31.012.2018
Exhibit P5 TRUE COPY OF THE I.A. NO.1225/2019 IN
I.A.NO.2081/2018 IN O.P.(DIV).NO.711/2015
FILED BY THE PETITIONER TO RESTORE THE
I.A.NO.2081/2018 ON THE FILES OF HON'BLE
FAMILY COURT AT ALAPPUZHA DATED 30.07.2019
Exhibit P6 CERTIFIED COPY OF THE "B" DIARY PROCEEDINGS
IN I.A. NO.1225/2019 IN I.A.NO.2081/2018 IN
O.P.(DIV) NO.711/2015 FILED BY THE
PETITIONER TO RESTORE THE I.A.NO.2081/2018
ON THE FILES OF HON'BLE FAMILY COURT AT
ALAPPUZHA DATED 08.11.2021
1 issue framed by the court
Whether the Family Court, Alappuzha, should be directed to dispose of interlocutory applications expeditiously.
ASWATHI K. PANICKER
RAJESHKUMAR. R
ANIL K. NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court