Dismissed

Pradeep Kumar v. Simi

Kerala HC16 Jan 2023OP (FC)/16/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an Original Petition under Article 227 seeking directions for the speedy disposal of a divorce petition pending in a lower Family Court. The petitioners counsel argued for a time-bound disposal. The court observed that the petitioner had filed an application for speedy disposal in the lower court which remained pending. The court held that, in light of this pen

What did the court decide?

The Original Petition invoking the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India is dismissed as inappropriate to issue a direction at this stage as an appl

Pradeep Kumar Vs Simi — Matrimonial and Divorce | Kerala HC (2023)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 16^TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944 OP (FC) NO.16 OF 2023

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FOR EARLY DISPOSAL OF EXHIBIT – P2 O.P NO.482 OF 2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD

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PETITIONERS:

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PRADEEP KUMAR AGED 36 YEARS S/O.SASIDHARAN, REVATHY ERRA - 84, ENIKARA, KARAKULAM P.O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695564 BY ADVS. M.ABDUL RASHEED UVAIS KHAN K.

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RESPONDENTS:

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SIMI AGED 31 YEARS D/O.USHA, SURA BHAVAN, EDAICODE, CHEKAKONAM P.O., KARAKULAM VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695564

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(FC) No. 16 of 2023

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J U D G M E N T

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P.G.Ajithkumar, J.

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The petitioner in O.P.No.482 of 2022 on the Family Court, Nedumangad has filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Family Court to dispose of the said O.P within a time frame fixed by this Court.

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Heard the learned counsel appearing for the

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petitioner.

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The petitioner is the husband of the respondent. Their marriage was solemnized on 14.12.2014. They have a female child named Avanthika aged four years. Following marital disharmony, the petitioner has filed O.P No.481 of 2021 seeking a decree of restitution of conjugal rights. The allegation was that the respondent left the marital home without any reason. Mediation talks took place in O.P No.481 of 2021, and the respondent took the stand that she was not prepared to resume the marital relationship. The petitioner would contend that in view of that he withdrew O.P.No.481 of 2021 and filed O.P.No.482 of 2022 seeking a decree for

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OP(FC) No. 16 of 2023

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dissolution of marriage. The learned counsel appearing for the petitioner would submit that for the last two years, the petitioner has been languishing in Court in connection with the matrimonial disputes and therefore a direction to dispose of O.P.No.482 of 2022 within a time frame fixed by this court is highly essential.

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The petitioner has filed I.A No.1 of 2022 before the Family Court, Nedumangad seeking speedy disposal of O.P.No.482 of 2022. That application is pending consideration by the Family Court. In Shiju Joy v. Nisha [2021 (2) KLT 607], this Court issued guidelines for the speedy disposal of matrimonial disputes pending before the Family Courts. Having filed I.A No.1 of 2022, Ext.P3, it would have been appropriate for the petitioner to pursue that matter before approaching this Court with this Original Petition invoking the provisions of Article 227 of the Constitution of India. It is for the Family Court to take a decision in Ext.P3 application. On considering the nature of urgency pointed out by the petitioner, we do not deem it appropriate that a direction for the speedy disposal of O.P.No.482 of 2022 pending before the

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OP(FC) No. 16 of 2023

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Family Court, Nedumangad need be issued in exercise the discretionary jurisdiction of this Court under Article 227 of the Constitution of India.

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This Original Petition is accordingly dismissed.

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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/PV

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OP(FC) No. 16 of 2023

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APPENDIX OF OP (FC) 16/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE O.P. NO.481/2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD DATED 15.4.2021 Exhibit P2 TRUE COPY OF THE O.P. NO.482/2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD DATED 5.4.2022 Exhibit P3 TRUE COPY OF I.A. NO.1/2022 IN O.P. NO.482/2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD DATED 30.11.2022

Pradeep Kumar v. Simi

Case brief

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Pradeep Kumar v. Simi

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