Disposed

Roy John v. Priya. T.Samuel

Kerala HC17 Jan 2023OP (FC)/26/2023

Case brief

AI extract

What is this about?

The Kerala High Court, exercising supervisory jurisdiction, directed the Family Court, Kollam, to consider a pending application for expeditious disposal of a divorce petition. The Court fixed a three-week timeline for the Family Court to decide, relying on its own precedent in Shiju Joy v. Nisha.

What did the court decide?

Directed the Family Court, Kollam to consider the pending interlocutory application for expeditious disposal within three weeks, with notice to both parties.

Roy John Vs Priya. T.Samuel — Civil Procedure and Limitation | 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

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TUESDAY, THE 17TH DAY OF JANUARY 2023/27TH POUSHA, 1944

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OP (FC) NO. 26 OF 2023

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AGAINST THE ORDER/JUDGMENT OP(DA)NO.707 OF 2021 OF THE

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FAMILY COURT, KOLLAM

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PETITIONER/PETITIONER:

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ROY JOHN, AGED 44 YEARS, S/O.LATE A.JOHNY,
MARUTHOOR ROY BHAVAN, KAITHAKODU, MULAVANA.P.O.,
KOLLAM., PIN - 691503

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BY ADVS.RAJESH VIJAYAN
SIKHA S.NAIR

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RESPONDENT/RESPONDENT:

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PRIYA. T.SAMUEL, AGED 38 YEARS, D/O.T.G.SAMUEL,
THOPPIL EDAPPURAYIL, ELAMANNOOR.P.O.,
ENADIMANGALAM VILLAGE, ADOOR, PATHANAMTHITTA,
CURRENTLY RESIDING AT MARUTHOOR ROY BHAVAN,
KAITHAKODU, MULAVANA.P.O., KOLLAM., PIN - 691503

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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-2-

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O.P.(FC)No.26 of 2023

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner filed O.P.(DA)No.707 of 2021 before the Family Court, Kollam against the respondent herein-wife seeking a decree of divorce on the ground of cruelty. In that original petition, the respondent entered appearance and filed counter. Seeking expeditious disposal of O.P.(DA)No.707 of 2021, the petitioner filed Ext.P4 interlocutory application, i.e., I.A.No.1 of 2022 before the Family Court. The petitioner has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Kollam to dispose of O.P.(DA)No.707 of 2021, as expeditiously as possible, within a time limit to be fixed by this Court.

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Heard the learned counsel for the petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.

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During the course of arguments, the learned counsel for the petitioner would place reliance on the decision of a Division Bench of this Court in Shiju Joy v. Nisha [2021

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O.P.(FC)No.26 of 2023

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(2) KLT 607] , wherein it is held that if any party moves an application for early hearing, the Family Court shall dispose of such application, as expeditiously as possible, at any rate, within two weeks from the date of moving such application.

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Since Ext.P4 interlocutory application filed by the petitioner for expeditious disposal of O.P.(DA)No.707 of 2021 is pending consideration, this original petition is disposed of by directing the Family Court, Kollam to consider that interlocutory application, with notice to the petitioner and also to the respondent and take an appropriate decision thereon, taking note of the law laid down by this Court in Shiju Joy

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[2021 (2) KLT 607] , within a period of three weeks.

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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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AV/18/1

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-4-

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O.P.(FC)No.26 of 2023

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APPENDIX OF OP (FC) 26/2023

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PETITIONER EXHIBITS

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Exhibit.P1 TRUE COPY OF THE MEDIATION AGREEMENT
DATED 19.09.2015.
Exhibit.P2 TRUE COPY OF THE ORDER OF THE FAMILY
COURT, KOLLAM DATED 23.11.2015
PURSUANT TO THE MEDIATION AGREEMENT.
Exhibit.P3 TRUE COPY OF THE PETITION IN
O.P.(D.A.) NO. 707 OF 2021 FILED
UNDER SECTION 10(X) OF THE DIVORCE
ACT, 1869.
Exhibit P4 TRUE COPY OF THE PETITION IN I.A.NO.
1 OF 2022 IN O.P.(D.A.) NO. 707 OF
2021 BEFORE THE FAMILY COURT, KOLLAM.

Roy John v. Priya. T.Samuel

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Roy John v. Priya. T.Samuel

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