Disposed

Vipindas v. Priyamol

Kerala HC25 Jan 2023OP (FC)/46/2023

Case brief

AI extract

What is this about?

Petitioner filed an original petition invoking Article 227 jurisdiction to direct Family Court to expedite a divorce suit filed earlier. The High Court dismissed the petition as the petitioner failed to first file an interlocutory application within the Family Court as required by precedent.

What did the court decide?

Petitioner's original petition invoking Article 227 for expeditious disposal was dismissed without prejudice to future application within Family Court.

Vipindas Vs Priyamol — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶6

WEDNESDAY, THE 25TH DAY OF JANUARY 2023/5TH MAGHA, 1944

¶7

OP (FC) NO. 46 OF 2023

¶8

O.P.NO.640 OF 2021 OF THE FAMILY COURT, KOZHIKODE

¶9

PETITIONER/PETITIONER:

¶10

VIPINDAS, AGED 40 YEARS
S/O. YESUDASAN, RESIDING AT ASWATHY ARCADE,
MANNUR P O, KOZHIKODE, PIN - 673631

¶11

BY ADV T.H.ARAVIND

¶12

RESPONDENT/RESPONDENT:

¶13

PRIYAMOL, AGED 33 YEARS
D/O. SASIDHARAN, ESI QUARTERS NO.45, FEROKE
AMSOM, NALLUR DESOM, FEROKE P O, KOZHIKODE.,
PIN - 673631

¶14

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶15

-2-

¶16

O.P.(FC)No.46 of 2023

¶17

JUDGMENT

¶18

Anil K. Narendran, J.

¶19

The petitioner filed O.P.No.640 of 2021 before the Family Court, Kozhikode, against the respondent herein-wife seeking a decree of divorce on the ground of cruelty. 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, Kozhikode to expedite the trial in O.P.No.640 of 2021 and dispose of the same as expeditiously as possible and within a time frame that may be fixed by this Court.

¶20

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.

¶21

In Shiju Joy v. Nisha [2021 (2) KLT 607] , a Division Bench of this Court had issued necessary guidelines for disposal of matters pending before the Family Court. As per the directions in the above judgment, even the request for expeditious disposal can be made before the Family Court itself at the first instance and the Family Court shall strictly

¶22

-3-

¶23

O.P.(FC)No.46 of 2023

¶24

follow the seniority of each case while disposing of such matters. 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.

¶25

By the judgment of this Court dated 28.07.2021 in O.P.(FC)No.374 of 2021, this Court directed the Registry to not entertain original petitions seeking speedy disposal, without verifying whether the party has approached the Family Court at the first instance.

¶26

In view of the directions contained in Shiju Joy [2021 (2) KLT 607] , before invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner has to file an interlocutory application before the Family Court, Kozhikode for expeditious disposal of O.P.No.640 of 2021. Thereafter, he can approach this Court when there is delay on the part of the Family Court in considering and passing appropriate orders on that application.

¶27

-4-

¶28

O.P.(FC)No.46 of 2023

¶29

The learned counsel for the petitioner would submit that the petitioner shall file an interlocutory application for expeditious disposal of O.P.No.640 of 2021 before Family Court, Kozhikode.

¶30

In such circumstances, this original petition is dismissed for the aforesaid reason; however, without prejudice to the right of the petitioner to move an application for expeditious disposal of O.P.No.640 of 2021 before the Family Court, Kozhikode and pursue the same in accordance with law.

¶31

Registrar (Judicial) to get an explanation from the Filing Scrutiny Officer, who has numbered this original petition, without noticing the direction of the Division Bench of this Court in the judgments referred to supra.

¶32

Sd/-

¶33

ANIL K. NARENDRAN, JUDGE

¶34

Sd/-

¶35

P.G. AJITHKUMAR, JUDGE

¶36

AV/28/1

¶37

-5-

¶38

O.P.(FC)No.46 of 2023

¶39

APPENDIX OF OP (FC) 46/2023

¶40

PETITIONER EXHIBITS

¶41

Exhibit P1 TRUE COPY OF THE OP NO -640/2021 FILED
BY THE PETITIONER BEFORE THE FAMILY
COURT ,KOZHIKODE.
Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE
OF THE MOTHER OF THE PETITIONER DATED
11.01.2023
Exhibit P3 TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE RESPONDENT IN OP 640/2021
OF THE FAMILY COURT, KOZHIKODE DATED
23.06.2022

Vipindas v. Priyamol

Case brief

What is this about?

What did the court decide?

Vipindas v. Priyamol

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh T.B., Vs Travancore Devaswom Board

Jayaprakash P.G. Vs Travancore Devaswom Board

Rajesh.T.B., Vs Travancore Devaswom Board

Mumthas. M.K Vs Palathinvida Faizal

Saritha. T Vs Vinod. K.V

Amit T.S. Vs Divya M.S.