Jayanthi v. Santhosh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 OP (FC).No. 71 of 2015 (R) --------------------------- OP 489/2008 OF FAMILY COURT, KOTTARAKKARA PETITIONER(S): ORIGINAL PETITIONER --------------------- ---------------------- JAYANTHI, AGED 34 YEARS D/O.MENAKADMAJA, JYOTHI NIVAS, EDAMULAKKAL PATHANAPURAM, KOLLAM DISTRICT.
BY ADV. SRI.SYAM J SAM RESPONDENT(S):
----------------------- SANTHOSH KUMAR, AGED 39 YEARS S/O.SUKUMARAPILLAI, LATHIKA VILASOM THUNDAYANNOOR KADAKKAL, KOLLAM DISTRICT, PIN 691 001.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 71 of 2015 (R) --------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT-P1: THE TRUE COPY OF THE OP NO.489/2008 FILED BY PETITIONER BEFORE FAMILY COURT, KOTTARAKARA.
EXHIBIT-P2: THE TRUE COPY OF THE O.PNO.383/2012 FILED BY PETITIONER BEFORE FAMILY COURT, KOTTARAKARA RESPONDENT'S EXHIBITS :
----------------------------------- NIL //TRUE COPY// P.A. TO JUDGE
K.T.SANKARAN & BABU MATHEW P.JOSEPH, JJ.
-------------------------------------- O.P.(F.C.)No.71 of 2015 -------------------------------------- Dated this the 17th day of March, 2015
JUDGMENT
K.T.Sankaran, J.
The petitioner filed O.P.No.489 of 2008, on the file of the Family Court, Kottarakkara, against the respondent for realisation of money and gold ornaments. She also filed O.P.No.383 of 2012 before the same Family Court against the respondent for divorce. Both these Original Petitions are pending.
2.
It is stated in the Original Petition that the petitioner is a school teacher. It is stated that she is 35 years old and the pendency of case would affect her future life. The petitioner
O.P.(F.C.)No.71/2015 stated that she made several requests to the trial court for early disposal of the cases, but the cases were not taken up for hearing.
3.
At the time when the O.P.(F.C.) came up for admission, a report was called for from the Presiding Officer of the Family Court, Kottarakkara who reported that in both the cases, evidence was adduced and the O.P.s were posted for hearing on 12.3.2015. On the previous posting date, the counsel for both parties prayed for time for hearing. It is also stated in the report dated 5.3.2015 that the O.P.s can be disposed of within two months. In view of the report submitted by the Presiding Officer of the Family Court, we are of the view that the averment made by the petitioner that the cases were being adjourned without any reason is not correct.
O.P.(F.C.)No.71/2015 The Original Petition (F.C.) is disposed of directing the Family Court, Kottarakkara to dispose of O.P.Nos.489 of 2008 and 383 of 2012 expeditiously.
K.T.SANKARAN JUDGE BABU MATHEW P.JOSEPH JUDGE csl