Disposed

Kalyani Vasanth v. Praveen v.

Kerala HC23 Jan 2023OP (FC)/37/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ under Article 226 directing the Family Court to dispose of pending divorce and recovery petitions expeditiously. The High Court disposed of the writ by directing the Family Court to decide on the petitioner's application for expedited disposal within three weeks, relying on its own precedent in Shiju Joy v. Nisha, dispensing with service of notice.

What the court decided

AI extract

Kalyani Vasanth Vs Praveen v. — 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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&

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 23RD DAY OF JANUARY 2023/3RD MAGHA, 1944
OP (FC) NO. 37 OF 2023

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SPEEDY DISPOSAL OF O.P.NOS.296 & 297 OF 2017 OF THE

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FAMILY COURT, CHAVARA

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PETITIONER/PETITIONER:

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KALYANI VASANTH, AGED 30 YEARS, D/O.VASANTHA
KUMAR, PERUMANA, VADAKUMTHALA EAST,
VADAKKUMTHALA VILLAGE,KARUNAGAPPALLY TALUK,
PIN - 690536

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BY ADVS.ANIL KUMAR M.SIVARAMAN
C.J.ANTONY LOYED

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RESPONDENTS/RESPONDENTS:

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1 PRAVEEN V., AGED 34 YEARS, S/O.HARIDASAN VILLODI, PAVITHRAM HOUSE, KAIRALI NAGAR, DPO ROAD, MALAPPURAM, PIN - 676505

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2 HARIDASAN VILLODI, AGED 67 YEARS, S/O.VILLODI, PAVITHRAM HOUSE, KAIRALI NAGAR, DPO ROAD, MALAPPURAM, PIN - 676505

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3 INDIRA V.P., AGED 60 YEARS, W/O.HARIDASAN, PAVITHRAM HOUSE, KAIRALI NAGAR, DPO ROAD, MALAPPURAM, PIN - 676505

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 23.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

O.P(FC)No.37 of 2023

JUDGMENT

Anil K. Narendran, J.

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The petitioner filed O.P.(HMA)No.296 of 2017 against the 1^st respondent herein-husband seeking a decree of divorce of the marriage solemnised between them on 29.05.2015 at Camelot Contention Center, Pathirappally, Ambalapuzha. The petitioner has also filed O.P.No.297 of 2017 against the respondents herein-husband and his parents, for recovery of money and gold ornaments. 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 to dispose of O.P.(HMA)No.296 of 2017 and O.P.No.297 of 2017 within a time limit to be fixed by this Court. The petitioner has filed Ext.P5, i.e., I.A.No.3 of 2022, seeking expeditious disposal of the aforesaid original petitions.

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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 respondents is dispensed with.

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During the course of arguments, the learned counsel for the petitioner would place reliance on the decision

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O.P(FC)No.37 of 2023

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of a Division Bench of this Court in Shiju Joy v. Nisha

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[2021 (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.P5 interlocutory application filed by the petitioner for expeditious disposal of O.P.(HMA)No.296 of 2017 and O.P.No.297 of 2017 is pending consideration, this original petition is disposed of by directing the Family Court, Chavara to consider that interlocutory application, with notice to the petitioner and also to the respondents and take an appropriate decision thereon, taking note of the law laid down by this Court in Shiju Joy [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

AV/23/1

O.P(FC)No.37 of 2023

APPENDIX OF OP (FC) 37/2023

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PETITIONER EXHIBITS

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Exhibit-P1 TRUE COPY OF THE O.P. NO. 297/2017
FILED BEFORE THE FAMILY COURT,
CHAVARA

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Exhibit-P2 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE 1ST RESPONDENT IN
O.P.NO. 297/2017 BEFORE THE FAMILY
COURT, CHAVARA.

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Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED
26/11/2020 IN O.P.(HMA) 296/2017 ON
THE FILE OF THE FAMILY COURT,
CHAVARA.

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Exhibit-P4 TRUE COPY OF THE OBJECTION IN
I.A.1/2021 IN O.P.(HMA) 296/2017,
BEFORE THE FAMILY COURT, CHAVARA,
FILED BY THE PETITIONER.

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Exhibit-P5 TRUE COPY OF THE I.A.NO. 3/2022 IN
O.P. NO. 296/2017 BEFORE THE FAMILY
COURT, CHAVARA.

Kalyani Vasanth v. Praveen v.

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Kalyani Vasanth v. Praveen v.

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