Disposed

Bavuna Pulickayath v. Jaison Antony

Kerala HC14 Nov 2023OP (FC)/480/2023

Case brief

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What is this about?

The Kerala High Court disposed of a writ petition seeking a time-bound order for the disposal of a divorce petition at the Family Court, Pala. The Court directed the Family Court to decide the expeditious disposal application in accordance with a Division Bench judgment.

What did the court decide?

Directed the Family Court Pala to dispose of the expeditious disposal application in accordance with Shiju Joy A. v. Nisha, 2021 (2) KLT 607.

Bavuna Pulickayath Vs Jaison Antony — 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 AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945 OP (FC) NO. 480 OF 2023

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IN RESPECT OF O.P.NO.636/2022 ON THE FILES OF THE FAMILY COURT,

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PALA.

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PETITIONER/PETITIONER:

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BAVUNA PULICKAYATH JOSE, AGED 39 YEARS, D/O SRI.JOSE @ JOSEPH, PULICKAYATH HOUSE, VANNAPPURAM P.O., THODUPUZHA TALUK, IDUKKI DISTRICT PIN-685 607 (NOW RESIDING AT VILLA NO. 217, KHALEEFA AL MUBARAK STREET, AL BATEEN, ABHU DHABI, UNITED ARAB EMIRATES AND REP. BY HER POWER OF ATTORNEY HOLDER AND FATHER SRI JOSE @ JOSEPH, AGED 75 YEARS, S/O. OUSEPH, PULICKAYATH HOUSE, VANNAPPURAM P.O., THODUPUZHA TALUK, IDUKKI DISTRICT, PIN-685607), PIN - 685607 BY ADVS. T.M.RAMAN KARTHA MANJULA NAIR M.S.SOUJATH SYAMA MOHAN REVATHY M.A. GREESHMA T.G. SNEHA BRIGIT PRINCE

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RESPONDENT/RESPONDENT:

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JAISON ANTONY AGED 40 YEARS, KADAPLACKAL HOUSE, MOONNILAVU VILLAGE, THALANADU P.O. MEENACHUIL TALUK, PIN - 686580

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BY ADVS. BABY THOMAS K.ANIL JOSEPH(K/000955/1993) MARIAMMA JOSEPH(K/791/1994) GEORGE T.J(K/1459/2020) INDRAJITH S KAIMAL(K/001232/2020) ALICIA JOSE(K/001437/2021) AISWARYARAJ(K/000870/2023)

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) No.480 of 2023

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AMIT RAWAL & C.S.SUDHA, JJ.

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----------------------------------------------------O.P.(FC) No. 480 of 2023

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Dated this the 14^th day of November, 2023

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J U D G M E N T

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Amit Rawal, J.

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The petitioner has approached this Court with the following

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prayer.

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“(i) Pass an order directing the Family Court, Pala to dispose of O.P.No.636/2022, (Ext.P1) at the earliest within a time limit to be specified by this Court, in the interest of justice. (ii) Pass such other and further orders which are deemed to be just and proper in the facts and circumstances of this case.”

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Petitioner had already submitted Ext.P2 application for expeditious disposal of the case and it was dismissed by the Family Court. There is already a judgment by the Division Bench of this Court in Shiju Joy A. v. Nisha, 2021 (2) KLT 607 for vindicating the grievance of the affected party for expeditious disposal, wherein the following direction has been issued -

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" C. ADVANCED HEARING: Family Courts are permitted to depart from the procedure aforenoted on a motion made by a party for early hearing of a case(s) for any justifiable or valid reason. If any party desires to move an application for early hearing, he/she shall move the Family Court at the first instance. 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. It would be open to the Family

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O.P.(FC) No.480 of 2023

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Court to pass orders on such applications in the chambers. This court need not entertain any Original Petitions, filed under Article 227 of the Constitution of India, for early disposal of cases, unless the parties move the concerned Family Court at first instance."

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3. We deem it appropriate to dispose of the petition by

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directing the trial court/family court to take a call on the application and

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pass an order in terms of the judgment extracted above.

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The O.P(FC) is disposed of as above.

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Sd/-

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AMIT RAWAL

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JUDGE

Sd/-

C.S.SUDHA

JUDGE

Jms

O.P.(FC) No.480 of 2023

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APPENDIX OF OP (FC) 480/2023

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PETITIONER EXHIBITS

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Exhibit P1	O.P NO. 636/2022 PRAYING FOR DECREE OF DIVORCE BEFORE THE HON'BLE FAMILY COURT
Exhibit P2	A TRUE COPY OF IA NO.5/2023 IN OP NO.636/2022
Exhibit P3	TRUE COPY OF THE OBJECTION FILED IN IA NO.5/2023 IN OP NO.636/2022 FILED BY THE RESPONDENT
Exhibit P4	ORDER DATED 21.03.2023 PASSED BY THE FAMILY COURT DISMISSING IA NO.5/2023.

Bavuna Pulickayath v. Jaison Antony

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Bavuna Pulickayath v. Jaison Antony

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