Disposed

Resmi Mol A.R v. Sreekanth S

Kerala HC6 Feb 2023OP (FC)/62/2023

Case brief

AI extract

What is this about?

In a supervisory jurisdiction petition under Article 227 of the Constitution, the High Court directed the Family Court to consider a pending interlocutory application for time-bound disposal within three weeks, dispensing with notice to respondents.

What did the court decide?

Directing the Family Court to consider I.A. No.1 of 2023 in O.P. No.468 of 2020 with notice and decide within three weeks.

Resmi Mol A.R Vs Sreekanth S — Service and Employment | Kerala HC (2023)

¶1

OP(FC) 62 of 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶6

¶7

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶8

MONDAY, THE 6^TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944 OP (FC) NO. 62 OF 2023

¶9

AGAINST THE ORDER/JUDGMENT OP 468/2020 OF FAMILY

¶10

COURT,ERNAKULAM

¶11

PETITIONER/PETITIONER:

¶12

RESMI MOL A.R AGED 34 YEARS D/O RAMESAN A.K , ADUVAKKAPARAMBIL HOUSE, MANJANAKKAD, NARAKAL P.O ERNAKULAM, PIN - 682505 BY ADV G.BHAGAVAT SINGH

¶13

RESPONDENTS/RESPONDENTS:

¶14

1 SREEKANTH S AGED 38 YEARS S/O.SREEDHARAN V.A, SREENILAYAM,EDACHERIMALA,ERUVELI JUNCTION,CHOTTANIKKARA., PIN - 682312

¶15

2 SREEDHARAN AGED 60 YEARS SREENILAYAM, EDACHERIMALA, ERUVELI JUNCTION, CHOTTANIKKARA, PIN - 682312 3 SAROJINI AMMA SREENILAYAM, EDACHERIMALA, ERUVELI JUNCTION, CHOTTANIKKARA, PIN - 682312

¶16

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(FC) 62 of 2023

J U D G M E N T

Anil K.Narendran, J.

The petitioner filed O.P.No.468 of 2020 before the Family Court, Ernakulam, which is one filed against the respondents herein (husband and his parents) for recovery of gold ornaments and money. Seeking expeditious disposal of that original petition, the petitioner filed Ext.P2 interlocutory application, i.e., I.A.No.1 of 2023 in O.P.No.468 of 2020 , which is now pending consideration 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 for a time bound consideration of that interlocutory application.

¶22

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.

¶23

During the course of arguments, the learned counsel for the petitioner has placed reliance on the decision of this Court in Shiju Joy v. Nisha [2021 (2) KLT 607] , wherein, it has been held that, if any party moves an application for early hearing, the Family Court shall dispose of such application, as

¶24

OP(FC) 62 of 2023

¶25

¶26

expeditiously as possible, at any rate, within a period of two

¶27

weeks from the date of moving such an application.

¶28

Since Ext.P2 interlocutory application, i.e., I.A.No.1 of 2023 in O.P.No.468 of 2020, filed by the petitioner for expeditious disposal of O.P.No.468 of 2020 is pending consideration, this original petition is disposed of by directing the Family Court, Ernakulam, to consider that interlocutory application, with notice to the petitioner and also to the respondents and take an appropriate decision on the request made in Ext.P2 interlocutory application for time bound consideration of O.P.No.468 of 2020, taking note of the law laid down by this Court in Shiju Joy

¶29

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

¶30

Sd/-

¶31

ANIL K.NARENDRAN JUDGE

Sd/-

P.G.AJITHKUMAR

JUDGE

OP(FC) 62 of 2023

APPENDIX OF OP (FC) 62/2023

¶39

PETITIONER EXHIBITS

¶40

Exhibit1 COPY OF THE OP NO. 468/2020 PENDING BEFORE THE FAMILY COURT ERNAKULAM DATED 19/02/2020 Exhibit2 COPY OF THE IA NO.1 IN OP NO. 468/2020 PENDING BEFORE THE FAMILY COURT ERNAKULAM DATED 25/01/2023

Resmi Mol A.R v. Sreekanth S

Case brief

What is this about?

What did the court decide?

Resmi Mol A.R v. Sreekanth S

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Priya R Nair Vs Renjith R Nair

Biju Mathew Vs Annamma @ Roshini

Shajan V.S. Vs Nisha Shajan

Resmi Mol A.R Vs Sreekanth S

Rahim Mogral @Abdul Raheem, Vs Asma K.

P.S.Babu Suresh Vs Cochin Devaswom Board