Noorjahan v. Raeez

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 OP (FC).No. 84 of 2015 (R) FOR A DIRECTION TO THE FAMILY COURT, TIRUR FOR AN EARLY DISPOSAL OF OP 788/2013 PETITIONER:

NOORJAHAN D/O. POOLAKKAL KOMADAYIL MAMMIKUTTY, P.O OLAVATTUR, KONDOTTY, MALAPPURAM DISTRICT. BY ADVS. SRI.P.CHANDRASEKHAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.UMA SRI.B.PRASANTH SRI.T.S.SARATH RESPONDENT:

RAEEZ S/O. KOTTILINGAL KOYALI MASTER, KOTTILINGAL HOUSE P.O BIYYAM, PONNANI TALUK MALAPPURAM DISTRICT - 679 589.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 19.03.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 84 of 2015 (R) APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF OP.NO.788/2013 ON THE FILE OF FAMILY COURT TIRUR.

EXT.P2 TRUE COPY OF OP. NO. 789/13 ON THE FILE OF FAMILY COURT, TIRUR.

EXT.P3 TRUE COPY OF OP.NO.790/13 ON THE FILE OF FAMILY COURT, TIRUR.

EXT.P4 TRUE COPY OF OP NO.600/2013 ON THE FILE OF FAMILY COURT, TIRUR.

RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/

K.T.SANKARAN & BABU MATHEW P. JOSEPH, JJ.

---------------------------------------------------- ---------------------------------------------------- Dated this the 19th day of March, 2015

JUDGMENT

K.T.Sankaran, J.

The petitioner filed O.P.No.788 of 2013 on the file of the Family Court, Tirur against the respondent claiming past maintenance and future maintenance. She also filed O.P.No.789 of 2013 before the same Court claiming return of money and value of gold ornaments. The petitioner also filed O.P.No.790 of 2013 for dissolution of marriage. The respondent filed O.P.No.600 of 2013 before the Family Court, Tirur for restitution of conjugal rights. All the four cases are pending.

2. The relief prayed for in the O.P.(F.C.) is to issue a direction to the Family Court, Tirur to dispose of the cases at the earliest.

3. When the O.P.(F.C.) came up for admission, a Division Bench of this Court directed the Registry to obtain a report from the

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Presiding Officer of the Family Court, Tirur as to whether the cases are ripe for trial and if so, the probable date within which the cases can be disposed of.

4. The Presiding Officer of the Family Court, Tirur submitted a report, in which it is stated that O.P.Nos.788/2013, 790/2013 and 600/2013 are pending for steps and O.P.No.789/2013 is pending for consideration of an attachment petition. The learned Judge reported that if both sides complete steps on or before 16.4.2015, all the cases can be disposed of within three months from that date.

5. In the manner in which we propose to dispose of the O.P. (F.C.), it is not necessary to issue notice to the respondent.

6. In the facts and circumstances, there will be a direction to the Family Court, Tirur to dispose of O.P.Nos.788/2013, 789/2013, 790/2013 and 600/2013 as expeditiously as possible. The parties shall take necessary steps to make the cases ripe for trial. The Family Court shall dispose of the cases within three months from the date on which all the cases become ripe for trial.

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7. The petitioner shall produce certified copy of the judgment before the Family Court, Tirur and shall also serve a photocopy of the judgment to the learned counsel appearing for the respondent and produce proof of the same before the Family Court. The O.P.(F.C.) is disposed of as above.

(K.T.SANKARAN) Judge (BABU MATHEW P. JOSEPH) Judge ahz/