Disposed

Soumya Mol.S v. Arun Kumar

Kerala HC3 Apr 2024OP (FC)/162/2024

Case brief

AI extract

What is this about?

Petitioner sought directions to the Family Court, Pathanamthitta for early disposal of petitions seeking return of money and gold ornaments and custody/guardianship of her minor child, citing her impending employment abroad. The High Court disposed of the petitions directing the Family Court to consider the pending applications in light of Shiju Joy guidelines.

What did the court decide?

Family Court, Pathanamthitta directed to consider pending early-disposal applications in light of Shiju Joy (supra) and take matters to logical conclusion.

Soumya Mol.S Vs Arun Kumar — Child Custody and Guardianship | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
&

¶3

THEHONOURABLEMR.JUSTICEP.M.MANOJ
WEDNESDAY,THE3RDDAYOFAPRIL2024/14THCHAITHRA,1946
OP(FC)NO.162OF2024
AGAINSTTHEORDER/JUDGMENTDATEDINOPGWNO.841OF2020OFFAMILY
COURT,PATHANAMTHITTA

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PETITIONER/S:

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SOUMYAMOL.S,AGED33YEARS
D/O.SOMANATHANSOUMYABHAVAN,MALAYALAPPUZHATHAZHAM
P.O.THAZHAMMURI,MALAYALAPPUZHAVILLAGE,KONNITALUK
PATHANAMTHITTA,PIN-689666

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BY ADV AJEESH K.SASI

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RESPONDENT/S:

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ARUNKUMAR,AGED36YEARS
S/OARAVINDHASHANNAIRTHEKKINALHOUSE,NARANGANAMP.O,
NARANGANAMVILLAGEKOZHENCHERRYTALUK,PATHANAMTHITTA
DISTRICT,PIN-689542

¶9

BYADVS.
ASHRAFES
K.S.KARUNAMOL(K/318/2006)

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OTHER PRESENT:

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SRI SAIGI JACOB PALATTY, SR. GP.

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
03.04.2024,ALONGWITHOP(FC).141/2024,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:

¶13

¶14

OP (FC) Nos. 141 & 162 of 2024

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
&

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THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶18

WEDNESDAY,THE3RDDAYOFAPRIL2024/14THCHAITHRA,1946
OP(FC)NO.141OF2024

¶19

AGAINSTTHEORDER/JUDGMENTDATEDINOPNO.475OF2022OFFAMILY
COURT,PATHANAMTHITTA

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PETITIONER/S:

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SOUMYAMOL.S,AGED33YEARS
D/O.SOMANNAIRSOUMYABHAVAN,MALAYALAPPUZHATHAZHAM
P.O.THAZHAMMURI,MALAYALAPPUZHAVILLAGEKONNITALUK,
PATHANAMTHITTA,PIN-689666

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BYADVAJEESHK.SASI

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RESPONDENT/S:

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1 ARUN KUMAR.A.NAIR, AGED 36 YEARS S/O ARAVINDHASHAN NAIR, THEKKINAL HOUSE, NARANGANAM P.O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689542

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2 ARAVINDHAKSHAN NAIR, AGED 66 YEARS S/O KUNJUKRISHNAN, THEKKINAL HOUSE, NARANGANAM P.O NARANGANAM VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT, PIN - 689542

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3 ANANDALEKSHMI, AGED 60 YEARS W/O ARAVINDHAKSHAN NAIR, THEKKINAL HOUSE, NARANGANAM P.O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689542

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
03.04.2024,ALONGWITHOP(FC).162/2024,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:

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¶29

OP (FC) Nos. 141 & 162 of 2024

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JUDGMENT

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(O.P.F.C. No. 162 & 141 of 2024)

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P.M.Manoj, J.

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The petitioner herein is the petitioner in O.P.(F.C.)No. 141/2024 and 162/2024 on the files of the Family Court, Pathanamthitta. These petitions have been filed seeking issuance of directions to the Family Court to consider the application filed by the petitioner in the above Original Petitions and take the matter to its logical conclusion at the earliest.

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The petitioner asserts that she has secured a job in Ireland and she may have to leave the State to pursue her employment overseas. According to the petitioner, any delay would seriously prejudice the rights of the petitioner.

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Adv. Ajeesh K.Sasi, the learned counsel appearing for the petitioner submitted that the limited request is for issuance of directions to the Family

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Court to consider the Exhibit P2 application filed in both the cases in the light

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of the observations in Shiju Joy A¹ .

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1 Shiju Joy A. v. Nisha 2021 (2) KHC 462

¶39

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OP (FC) Nos. 141 & 162 of 2024

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In view of the limited nature of the reliefs sought, notice to the respondent is dispensed with.

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In Shiju Joy (supra), this Court while issuing guidelines for prompt and expeditious consideration of matters pending before the Family Courts in the State had formulated guidelines. It was observed therein that merely because a litigant has reasons or the resources to approach this Court for speedy justice, the same cannot be at the peril of those adhering to the queue. It was also observed that the ritualistic passing of directions for speedy disposal of proceedings is doing more harm than good to the system because contested and deserving cases are being left unattended and the procedure framed by the Family Courts for disposal of cases is getting unsettled. Untimely interventions are clogging the system. In that view of the matter, the only relief that can be granted to the petitioner is to consider the application filed by her in the light of observations in Shiju Joy (supra).

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Having regard to the facts and circumstances, this Original Petition is disposed of directing the Family Court, Pathanamthitta to consider the pending applications in the light of the directions in Shiju Joy (supra) and

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OP (FC) Nos. 141 & 162 of 2024

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initiate measures to take the matter to its logical conclusion.

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sd/-

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RAJA VIJAYARAGHAVAN V

JUDGE

sd/-

P.M.MANOJ JUDGE

das

OP (FC) Nos. 141 & 162 of 2024

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APPENDIX OF OP (FC) 141/2024

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PETITIONER EXHIBITS

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ExhibitP1

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Exhibit P2

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TRUECOPYOFTHEPETITIONFILEDBYTHE
PETITIONERSEEKINGRETURNOFMONEYANDGOLD
ORNAMENTSASO.P.NO.475/2022BEFORETHE
FAMILYCOURT,PATHANAMTHITTA.
TRUECOPYOFI.A.NO.1/2024INO.P.NO.475/2022
DATED09.02.2024SEEKINGEARLYDISPOSALFILED
BYTHEPETITIONERBEFORETHEFAMILYCOURT,
PATHANAMTHITTA.

¶60

¶61

OP (FC) Nos. 141 & 162 of 2024

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APPENDIX OF OP (FC) 162/2024

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PETITIONER EXHIBITS

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ExhibitP1ATRUECOPYOFTHEPETITIONFILEDBYTHE
PETITIONERSEEKINGTOAPPOINTHERASGUARDIAN
OFTHEMINORCHILDANDALSOFORGETTINGTHE
CUSTODYOFTHEMINORCHILDAS
O.P.(G&W)NO.841/2020BEFORETHEFAMILYCOURT,
PATHANAMTHITTA
ExhibitP2TRUECOPYOFI.A.NO.9/2024DATED09.02.2024
SEEKINGEARLYDISPOSALOFO.P.(G&W)
NO.841/2020,FILEDBYTHEPETITIONERBEFORE
THEFAMILYCOURT,PATHANAMTHITTA

Soumya Mol.S v. Arun Kumar

Case brief

What is this about?

What did the court decide?

Soumya Mol.S v. Arun Kumar

Case brief

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What did the court decide?

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