Disposed

Alex Baby Paul v. Maria Issac

Kerala HC27 May 2024OP (FC)/183/2024

Case brief

AI extract

What is this about?

Petitioner sought directions for early disposal of his divorce petition pending before Family Court, Ernakulam, where his application to advance the case was pending. The Court directed the Family Court to consider that application in light of its guidelines in Shiju Joy against untimely speedy-disposal interventions.

What did the court decide?

Family Court, Ernakulam directed to consider prayers in I.A. No.3 of 2024 in light of observations in Shiju Joy and initiate appropriate steps.

Alex Baby Paul Vs Maria Issac — Matrimonial and Divorce | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

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THEHONOURABLEMR.JUSTICEP.M.MANOJ
MONDAY,THE27THDAYOFMAY2024/6THJYAISHTA,1946
OP(FC)NO.183OF2024

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AGAINSTTHEOPNO.2844OF2022OFFAMILYCOURT,ERNAKULAM

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PETITIONER/PETITIONER:

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ALEXBABYPAUL
AGED40YEARS
S/O.BABYPAUL,CRA180,GANGOTHRI,PLAVILAROAD,
PONGUMOOD,MEDICALCOLLEGE.P.O.,
THIRUVANANTHAPURAMDISTRICT.
REPRESENTEDBYHISFATHERASWELLASPOWEROFATTORNEY
HOLDERBABYPAUL,AGED68YEARS,S/O.K.V.PAILLY,
RESIDINGATGANGOTHRI,PLAVILAROAD,PONGUMOOD,
MEDICALCOLLEGE.P.O.,THIRUVANANTHAPURAMDISTRICT,
PIN-695011

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BYADVS.
PAULK.VARGHESE
A.A.GEETHA

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RESPONDENT/RESPONDENT:

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MARIAISSAC
AGED36YEARS
D/O.ISSAC,NEDUMPALLILHOUSE,EDAYAR.P.O,
KOOTHATTUKULAM,ERNAKULAMDISTRICT,
PIN-686662

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORFINAL
HEARINGON27.05.2024,THECOURTONTHESAMEDAYDELIVERED
THEFOLLOWING:

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OP(FC) No.183 of 2024

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JUDGMENT

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Raja Vijayaraghavan, J.

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The petitioner herein is the petitioner in O.P. No.2844 of 2022 on the file of the Family Court, Ernakulam. The aforesaid petition has been filed seeking a decree of divorce on the ground of cruelity and desertion.

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The petitioner states that he has preferred Ext.P3 application before the Family Court as I.A. No.3 of 2024 seeking to post the case for evidence and for an early disposal of the case. He contends that no orders have been passed on the said application. It is further submitted that though attempts were made to settle the disputes, the parties have not been able to arrive at a settlement. It is in the above backdrop that this this petition is filed seeking issuance of directions to consider Ext.P3 application in light of the law laid down in Shiju Joy¹ .

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We have considered submissions advanced and have gone through the records. We find that Exhibit P3 application has been filed by the petitioner before the Family Court and the same is pending.

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In Shiju Joy (supra), this Court while issuing directions for

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prompt and expeditious consideration of matters pending before the Family Courts in the State had formulated guidelines. It was observed

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

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OP(FC) No.183 of 2024

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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 direct the Family Court to consider the application filed by her in the light of observations in Shiju Joy (supra).

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Having considered the facts and circumstances and the submissions advanced, this Original Petition is disposed of directing the Family Court, Ernakulam to consider the prayers in I.A No.3 of 2024 in the light of the observations in Shiju Joy (supra), and initiate appropriate steps.

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sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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sd/- P.M.MANOJ JUDGE

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APM/27/5/24

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OP(FC) No.183 of 2024

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APPENDIX OF OP (FC) 183/2024

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PETITIONER EXHIBITS

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ExhibitP1TRUECOPYOFO.P.NO.2844/2022ONTHE
FILEOFFAMILYCOURT,ERNAKULAMDATED
7.10.2022.
ExhibitP2TRUECOPYOFTHECOMMONJUDGMENTIN
O.P.(FC)NO.85/2024ANDO.P.(FC)NO.
97/2024OFTHISCOURTDATED21.2.2024.
ExhibitP3TRUECOPYOFTHEI.A.NO.3/2024IN
O.P.NO.2844/2022OFTHEFILEOF
FAMILYCOURT,ERNAKULAMDATED
4.3.2024.

Alex Baby Paul v. Maria Issac

Case brief

What is this about?

What did the court decide?

Alex Baby Paul v. Maria Issac

Case brief

What is this about?

What did the court decide?

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