High Court directed Family Court to consider pending interlocutory application for expeditious disposal of divorce petition within two weeks, relying on Shiju Joy. Service of notice on respondents dispensed.
Directing Family Court to consider interlocutory application for early disposal within two weeks with notice to parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA,
1944
O.P.(FC)NO.73 OF 2023
O.P.NO.134 OF 2021 ON THE FILE OF THE FAMILY COURT,
ERNAKULAM
PETITIONER:
PRIMA AUGUSTINE,
AGED 39 YEARS,
D/O V.V. AUGUSTINE, VETTIKKAPPALLY HOUSE, CC
22/248, MUNDAMVELI P.O., MOOLAMKUZHY, COCHIN,
PIN - 682507
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
RESPONDENTS:
1 JAIMON FRANCIS,
AGED 42 YEARS,
S/O FRANCIS, KALLARACKAL HOUSE,
CHENGAMPUZHANAGAR, UNICHIRA, KALAMASSERRY,
ERNAKULAM, PIN - 682021
2 JEENA,
AGED 39 YEARS,
W/O RAJEEV, CHANEPARAMBIL HOUSE, RAMESWARAM,
THOPPUMPADY, MUNDAMVELI P.O., ERNAKULAM, PIN –
682507
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(FC)No.73 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner filed O.P.No.134 of 2021 before the Family Court, Ernakulam, which is one filed against the 2nd respondent herein and another, seeking a decree of divorce on the ground of adultery. 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 the O.P.No.134 of 2021 pending before the Family Court, Ernakulam within a time frame fixed by this Court. The petitioner filed I.A.No.1 of 2023 i.e., Ext.P5, in O.P.No.134 of 2021, seeking expeditious disposal of that original petition.
(2) KLT 607] , wherein it is held that if any party moves an application for early hearing, the Family Court shall dispose
3
O.P.(FC)No.73 of 2023
of such application, as expeditiously as possible, at any rate, within two weeks from the date of moving such application.
Since Ext.P5 interlocutory application filed by the petitioner for expeditious disposal of O.P.No.134 of 2021 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 thereon, taking note of the law laid down by this Court in Shiju Joy [2021 (2) KLT 607] , within a period of two weeks.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
4
O.P.(FC)No.73 of 2023
APPENDIX OF OP (FC) 73/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OP NO.134 OF 2021
DATED 12.01.2021 BEFORE THE FAMILY
COURT ERNAKULAM
Exhibit P2 TRUE COPY OF THE PRINT OUT OBTAINED
FROM THE OFFICIAL WEBSITE SHOWING THE
STATUS AND POSTING OF OP NO.134 OF
2021
Exhibit P3 TRUE COPY OF THE PRINT OUT OBTAINED
FROM THE OFFICIAL WEBSITE SHOWING THE
STATUS AND POSTING OF OP NO.1113 OF
2020
Exhibit P4 TRUE COPY OF ADVANCE PETITION IA NO.
2 OF 2023 IN OP NO.134 OF 2021 DATED
17.01.2023 BEFORE THE FAMILY COURT
ERNAKULAM
Exhibit P5 TRUE COPY OF THE PETITION FOR EARLY
DISPOSAL I.A NO. 1 OF 2023 IN OP
NO.134 OF 2021 DATED 17.01.2023
BEFORE THE FAMILY COURT ERNAKULAM
1 issue framed by the court
Whether the Family Court is directed to dispose of the pending interlocutory application for early hearing within two weeks as per established High Court law?
Colour shows how this judgement treated each authority
Shiju Joy v. NishaRelied on¶25
Shiju Joy v. Nisha [2021 (2) KLT 607]
2 provisions across 1 enactments
Prima Augustine
Jaimon Francis
Jeena
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court