Dismissed

Amit Panikulam Rep. by Power of Attorney Holder Donny Panikulam v. Chris Babu Abraham @ Babu a. Kallivayalil

Kerala HC28 Nov 2022OP (FC)/543/2022

Case brief

AI extract

What is this about?

A petitioner filed this PIL under Article 227 challenging the delay in disposing of a nullity of marriage petition before the Family Court, Ernakulam. The High Court recognized the need for speedy disposal and directed the Family Court to decide pending interlocutory applications and the main suit within specified time limits. The current petition was disposed of on merits with consequential direc

What did the court decide?

Direction to Family Court to dispose of Exts.P3, P4 within one month and O.P. 412 of 2019 within five months from the date of production of certified copy of the judgment.

Amit Panikulam Rep. by Power of Attorney Holder Donny… — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶6

MONDAY, THE 28^TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944

¶7

OP (FC) NO. 543 OF 2022

¶8

AGAINST THE ORDER/JUDGMENT IN OP 412/2019 OF FAMILY

¶9

COURT,ERNAKULAM

¶10

PETITIONER/S:

¶11

AMIT PANIKULAM REP. BY POWER OF ATTORNEY HOLDER DONNY PANIKULAM AGED 34 YEARS S/O.DONNY PANIKULAM, ENGINEER'S COLONY, MOOLEPADAM ROAD, VAZHAKKALA, KAKKANAD, PIN-682030, DONNY PANIKULAM, AGED 65 YEARS, S/O. SRI. LATE SRI. JOHN PANIKULAM, ENGINEER'S COLONY, MOOLEPADAM ROAD, VAZHAKKALA, KAKKANAD., PIN - 682030 BY ADVS. JEENA JOSEPH G.DAMODARA PANICKER

¶12

RESPONDENT/S:

¶13

CHRIS BABU ABRAHAM @ BABU A. KALLIVAYALIL AGED 30 YEARS D/O. BABU ABRAHAM @ BABU A KALLIVAYALIL, 36/1609, JUDGES AVENUE EXTENSION, CHAMMANY ROAD, KALOOR P.O., PIN - 682017 BY ADVS. V.K.BALACHANDRAN DRISHYA K.PRAKASH(K/001576/2018)

¶14

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

OP(FC) No. 543 of 2022

¶16

¶17

JUDGMENT

¶18

Dated this the 28th day of November, 2022

¶19

P.G. Ajithkumar, J.

¶20

The petitioner in O.P.No.412 of 2019 on the files of the Family Court, Ernakulam has filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Family Court, Ernakulam, to dispose of O.P.No. 412 of 2019 as expeditiously as possible.

¶21

On 27.09.2022, notice was ordered to be served on the respondent. The respondent entered appearance through counsel.

¶22

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

¶23

Petitioner has filed O.P.No.412 of 2019, for a decree declaring that the marriage between the petitioner and the respondent solemnized on 10.09.2016 is null and void. Ext.P1 is the copy of the said Original Petition. The respondent has filed a counter statement. A few interlocutory applications filed by either side are also pending consideration of the Family Court. The respondent has filed Ext.P3, I.A.No. 4700 of 2019 seeking to refer the petitioner and the respondent to a physiologist for

¶24

OP(FC) No. 543 of 2022

¶25

¶26

sorting out the disputes between them. The petitioner has filed I.A.No.1825 of 2021, Ext.P4 seeking to refer the respondent to a Medial Board in order to get a report with regard to the alleged mental illness of the respondent. The petitioner also has filed I.A.No.5591 of 2022, Ext.P5 seeking to dispose of O.P.No. 412 of 2019 at an early date.

¶27

During the course of argument, the learned counsel on either side would submit that an early disposal of O.P.No. 412 of 2019 is essential.

¶28

Considering the facts and circumstances of the case, we are of the view that the submissions of the learned counsel has force. Before holding trial in O.P.No.412 of 2019, it is, however, necessary to dispose of Exts.P3 and P4 applications.

¶29

Accordingly, this Original Petition is disposed of directing the Family Court, Ernakulam to dispose of Exts.P3 and P4 applications within a period of one month from the date of production of a certified copy of the judgment. The Family Court shall dispose of the O.P.No.412 of 2019 within a period of 5 months thereafter.

¶30

Sd/-

¶31

ANIL K. NARENDRAN, JUDGE Sd/-

¶32

P.G. AJITHKUMAR, JUDGE

¶33

Dxy

¶34

OP(FC) No. 543 of 2022

¶35

¶36

APPENDIX OF OP (FC) 543/2022

¶37

PETITIONER EXHIBITS

¶38

ExhibitP1	COPY OF THE PETITIONER ERNAKULAM	PETITION FILED BY THE BEFORE THE FAMILY COURT
Exhibit P2	COPY OF THE PETITIONER	IA NO.886/2019 FILED BY THE
Exhibit P3	COPY OF THE PETITIONER	IA NO.4700/2019 FILED BY THE
Exhibit P4	COPY OF THE PETITIONER	IA NO.1825/2021 FILED BY THE
Exhibit P5	COPY OF THE PETITIONER SPEEDY DISP	IA NO.5591/2022 FILED BY THE BEFORE THE FAMILY COURT FOR A OSAL OF THE CASE.

Amit Panikulam Rep. by Power of Attorney Holder Donny Panikulam v. Chris Babu Abraham @ Babu a. Kallivayalil

Case brief

What is this about?

What did the court decide?

Amit Panikulam Rep. by Power of Attorney Holder Donny Panikulam v. Chris Babu Abraham @ Babu a. Kallivayalil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rasiq Vs Nejmu

A.Damodaran Namboothiri Vs Commissioner, Malabar Devaswom Board

Happy Maxwell Vs Mazwell M. Chennur

Elizuba Ammu Philip Vs Jinu Thomas

Sajeev, Vs the State of Kerala

Anoop Chandran Vs Divya R.Nair