Allowed

Dr.Harija v. Lijo Jose

Kerala HC19 Jan 2023OP (FC)/27/2023

Case brief

AI extract

What is this about?

This single judge order dismisses a writ petition under Article 227. The High Court directed the Family Court, Kollam, to consider an interlocutory application by the petitioner seeking expeditious disposal of a divorce petition within two weeks, citing Shiju Joy v. Nisha.

What did the court decide?

Directing the Family Court, Kollam, to consider the pending interlocutory application for time-bound disposal of the divorce petition within two weeks.

Dr.Harija Vs Lijo Jose — Writ and Judicial Review | 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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THURSDAY, THE 19TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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OP (FC) NO. 27OF 2023

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I.A.No.1 of 2021 in O.P(Div)No.14 of 2021 OF FAMILY

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COURT, KOLLAM

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PETITIONER/S:

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DR. HARIJA, AGED 26 YEARS
D/O. HARILAL, RESIDING AT PANTTALA,
DIVYA NAGAR-60, VADAKKEVILA, PATTATHANAM.P.O.,
KOLLAM, PIN - 691021

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BY ADV S. SREEKUMAR (KOLLAM)

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RESPONDENT/S:

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LIJO JOSE, AGED 31 YEARS
S/O. JOSE MATHEW, RESIDING AT LIJO BHAVAN,
EDANAD.P.O., VARINJAM, CHATHANOOR,
KOLLAM, PIN - 691579

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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OP (FC) NO. 27 OF 2023

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner filed O.P(Div)No.14 of 2021 before the Family Court, Kollam, which is one filed against the respondent hereinhusband, seeking a decree of divorce on the ground of desertion, cruelty and adultery. Seeking expeditious disposal of O.P(Div)No.14 of 2021, the petitioner filed I.A.No.1 of 2021 before the Family Court, which is pending consideration. 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 Ext.P1 O.P(Div)No.14 of 2021 and Ext.P2 I.A.No.1 of 2021 in O.P(Div)No.14 of 2021, pending before that court on merit, within a reasonable time frame to be fixed by this Court.

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Heard the learned counsel for the petitioner. In the nature of the order that is proposed to be passed in this original petition, notice to the respondent is dispensed with.

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In Shiju Joy v. Nisha [2021 (2) KLT 607] , a

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Division Bench of this Court held that, if any party moves an

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OP (FC) NO. 27 OF 2023

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application for early hearing, the Family Court shall dispose of such application, as expeditiously as possible, at any rate, within a period of two weeks from the date of moving such an application.

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Since Ext.P2 interlocutory application, i.e., I.A.No.1 of 2021 in O.P(Div)No.14 of 2021, filed by the petitioner for expeditious disposal of O.P(Div)No.14 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 on the request made in Ext.p2 interlocutory application for time bound consideration of O.P(Div)No.14 of 2021, taking

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note of the law laid down by this Court in Shiju Joy [2021 (2) KLT 607] , within a period of two weeks.

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Sd/- ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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bkn/-

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OP (FC) NO. 27 OF 2023

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APPENDIX OF OP (FC) 27/2023

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PETITIONER EXHIBITS

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Exhibit-P1 TRUE COPY OF THE OP (DIV) NO.
14/2021 BEFORE THE HON'BLE FAMILY
COURT, KOLLAM ON 05.01.2021
Exhibit-P2 THE TRUE COPY OF THE I.A NO. 1/2021
IN OP(DIV) NO. 14/2021 OF FAMILY
COURT, KOLLAM

Dr.Harija v. Lijo Jose

Case brief

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Dr.Harija v. Lijo Jose

Case brief

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