Disposed

Rupak R v. Lakshmi v Pillai

Kerala HC12 Apr 2024OP (FC)/263/2024

Case brief

AI extract

What is this about?

Petitioner sought directions for speedy disposal of his pending divorce petition before the Family Court, Ernakulam, relying on guidelines laid down in Shiju Joy. The court directed the Family Court to consider the expedite application in light of those observations.

What did the court decide?

Family Court, Ernakulam directed to consider I.A No.1 of 2023 in light of Shiju Joy observations and initiate appropriate steps to expedite the matter.

Rupak R Vs Lakshmi v Pillai — Matrimonial and Divorce | Kerala HC (2024)

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INTHEHIGHCOURTOFKERALAATERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV

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¶3

THEHONOURABLEMR.JUSTICEP.M.MANOJ
FRIDAY,THE12THDAYOFAPRIL2024/23RDCHAITHRA,1946
OP(FC)NO.263OF2024

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AGAINSTTHEORDER/JUDGMENTDATEDINOPNO.255OF2022OF
FAMILYCOURT,ERNAKULAM

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PETITIONER/S:

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RUPAKR,AGED34YEARS
SOUBHAGYA,SWAMIPADIELAMAKKARA,KOCHI,PIN-682026

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BYADVS.
SANTHOSHPETER(MAMALAYIL)
P.N.ANOOP
M.S.SANDEEPSUDHAKARAN
SINDHUMOLC.R.
RAJANJACOBMUNDACKAL

¶8

RESPONDENT/S:

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LAKSHMIVPILLAI,AGED25YEARS
ARACKAL,KARUKACHALPO,KOTTAYAMDISTRICT.,
PIN-686540

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
12.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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OP(F.C) No.263 of 2024

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JUDGMENT

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P.M.Manoj, J.

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The above Original Petition is preferred by the petitioner in O.P No.

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255 of 2022 before the Family Court Ernakulam, for divorce. The respondent herein is the respondent in the above O.P No. 255 of 2022.

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Sri.Santhosh Peter appearing for the petitioner submitted that though the matter was posted before the CMO on many occasions, the respondent has chosen to appear either in person or through counsel. Under such circumstances, the petitioner is stated to have preferred Exhibit P3 application numbered as IA No.1 of 2023 for expeditious disposal of the original petition. No objection has been preferred by the petitioner till date though a copy of the application was served on her. 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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1 Shiju Joy A. v. Nisha [2021 (2) KHC 462]

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OP(F.C) No.263 of 2024

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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 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.1 of 2023 in the light of the observations in Shiju Joy (supra), and initiate

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OP(F.C) No.263 of 2024

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appropriate steps to expedite the matter.

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sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

sd/-

P.M.MANOJ JUDGE

das

OP(F.C) No.263 of 2024

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APPENDIX OF OP (FC) 263/2024

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PETITIONEREXHIBITS

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Exhibit1TRUECOPYOFTHEOP.NO.255/2022OFFAMILY
COURTERNAKULAM
Exhibit2TRUECOPYOFTHEI.A.NO.01/2023IN
O.P.NO.255/2022BEFORETHEHONOURABLE
FAMILYCOURT,ERNAKULAM
Exhibit3CERTIFIEDCOPYOFTHEBDIARYPROCEEDINGS
OFFAMILYCOURT,ERNAKULAMIN
OP.NO.255/2022

Rupak R v. Lakshmi v Pillai

Case brief

What is this about?

What did the court decide?

Rupak R v. Lakshmi v Pillai

Case brief

What is this about?

What did the court decide?

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