Disposed

Resmi Mol A.R v. Sreekanth S

Kerala HC6 Feb 2023OP (FC)/64/2023

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What is this about?

This order directs the Family Court, Ernakulam, to dispose of a pending interlocutory application seeking early hearing within three weeks, issuing notice to both the petitioner and respondent, citing a prior decision time-bar vulnerabilities. ウェブ

What did the court decide?

Direction to Family Court to decide pending interlocutory application for time bound consideration with notice to both parties within three weeks.

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

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OP(FC) 64 of 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 MONDAY, THE 6^TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944 OP (FC) NO. 64 OF 2023

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AGAINST THE ORDER/JUDGMENT OP 467/2020 OF FAMILY

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COURT,ERNAKULAM

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PETITIONER/PETITIONER:

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RESMI MOL A.R AGED 34 YEARS ADVUVAKKAPARAMBIL (HOUSE), MANJANAKKAD, NARAKKAL P.O ERNAKULAM, PIN - 682505

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BY ADVS. G.BHAGAVAT SINGH KELU BHAGAVAT SUNDARESAN N.K.

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RESPONDENT/RESPONDENT:

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

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

OP(FC) 64 of 2023

J U D G M E N T

Anil K.Narendran, J.

The petitioner filed O.P.No.467 of 2020 before the Family Court, Ernakulam, which is one filed against the respondent herein – husband, seeking for a declaration that the marriage solemnised between the petitioner and the respondent as null and void. 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.467 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.

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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 respondent is dispensed with.

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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

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OP(FC) 64 of 2023

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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 2023 in O.P.No.467 of 2020, filed by the petitioner for expeditious disposal of O.P.No.467 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 respondent and take an appropriate decision on the request made in Ext.P2 interlocutory application for time bound consideration of O.P.No.467 of 2020, taking note of the law laid down by this Court in Shiju Joy

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[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

OP(FC) 64 of 2023

APPENDIX OF OP (FC) 64/2023

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PETITIONER EXHIBITS

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Exhibit P-1 COPY OF THE OP NO. 467/2020 PENDING BEFORE THE FAMILY COURT ERNAKULA, DATED 19/02/2020 Exhibit P-2 COPY OF THE I.A.NO.1 OF 2023 SEEKING EARLY HEARING OF OP NO. 467/2020 DATED 25/01/2023

Resmi Mol A.R v. Sreekanth S

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Resmi Mol A.R v. Sreekanth S

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