Under Article 226, the Kerala High Court disposed of an original petition filed by the respondent in a divorce suit. The court directed the Family Court to expeditiously dispose of a pending interim maintenance application within one month.
Directs Family Court to dispose of Ext.P2 (I.A.523/2021) within one month.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944 O.P.(FC) NO. 10 OF 2023
SPEEDY DISPOSAL OF I.A.NO.523 OF 2022 IN O.P.NO.2083 OF 2020 ON THE FILE OF THE FAMILY COURT,ERNAKULAM PETITIONER:
SOOSAN THOMAS, AGED 50 YEARS, D/O LATE C.G.GEORGE, RESIDING AT 40/917 (35/100), 1ST FLOOR, PUTHUVAKKAL BUILDING, PUTHENPURAKKAL ROAD, PALARIVATTOM, KOCHI, PIN – 682025.
BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY
RESPONDENT:
THOMAS GEORGE AGED 57 YEARS
S/O GEORGE, RESIDING AT 1ST FLOOR, 35/100, PUTHUVAKKAL BUILDING, PUTHENPURAKKAL ROAD, PALARIVATTOM, KOCHI, PIN - 682025
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
P.G.Ajithkumar, J.
This Original Petition under Article 227 of the Constitution of India is filed by the respondent in O.P.No.2083 of 2020 on the files of the Family Court, Ernakulam. The petitioner filed I.A.No.523 of 2022 in the O.P. seeking an order directing the respondent to pay an amount of Rs.25,000/- towards the litigation expenses and Rs.30,000/per month as interim alimony. The petitioner seeks to direct the Family Court, Ernakulam to dispose of Ext.P2 application within a time frame fixed by this Court.
granted, service of notice on the respondent is dispensed with.
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the Family Court. The petitioner and the respondent are now living separate. Alleging that no maintenance is being paid to the petitioner, she has filed Ext.P2 application. Considering the fact that the said application, which was filed in September, 2021 is yet to be decided, it is only appropriate to direct the Family Court to dispose of that application expeditiously.
Accordingly, this Original Petition is disposed of directing the Family Court, Ernakulam to dispose of Ext.P2, I.A.No.523 of 2021 in O.P.No.2083 of 2020, within one month from the date of production of a certified copy of the judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF OP (FC) 10/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL PETITION NO.2083 OF 2020 PENDING BEFORE THE FAMILY COURT, ERNAKULAM
EXHIBIT P2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION NO.523 OF 2021 IN OP NO.2083 OF 2020
2 issues framed by the court
Whether the Family Court should expeditiously dispose of an interim maintenance application pending for years.
Whether an order under Article 227 can direct vigilant time-frame disposal of pleadings in a family suit.
SOOSAN THOMAS
THOMAS GEORGE
ANIL K NARENDRA
P G AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
