Jithesh S v. Nimi S

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 OP (FC).No. 121 of 2015 (R) ---------------------------- OP 572/2014 of FAMILY COURT, NEDUMANGAD PETITIONER:

JITHESH S, AGED 35 YEARS S/O.SURENDRAN, JYOTHI BHAVAN, KAVIYAD PIRAPPANCODE P.O., VENJARAMOOD THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.M.DINESH RESPONDENTS/RESPONDENTS:

1. NIMI S, AGED 32 YEARS D/O.SOBIN, S.S.BHAVAN, VEDARUKONAM POOVATHOOR P.O., IRINCHAYAM, NEDUMANGAD - 695 561.

2. KAILAS (MINOR), AGED 3 YARS, S/O.JITHESH, REPRESENTED BY HIS MOTHER NIMI.S., S.S.BHAVAN, VEDARUKONAM POOVATHOOR P.O., IRINCHAYAM, NEDUMANGAD - 695 561 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ks

OP (FC).No. 121 of 2015 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE OP NO. 572/2014 ON THE FILE OF FAMILY COURT, NEDUMANGAD DATED 20/06/2014.

EXT.P2: TRUE COPY OF THE OP NO. 943/2014 ON THE FILE OF THE FAMILY COURT, NEDUMANGAD FILED BY THE 1ST RESPONDENT DATED 07/10/2014. EXT.P3: TRUE COPY OF THE WRITTEN STATEMENT FILED BY PETITIONER IN OP NO. 943/2014 ON THE FILE OF THE FAMILY COURT, NEDUMANGAD DATED 25/02/2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL ks.

TRUE COPY P.S. TO JUDGE

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

============================== O.P. (FC) No. 121 OF 2015 ============================== Dated this the 8th day of April, 2015

JUDGMENT

K.T. Sankaran, J.

In the manner in which we propose to dispose of the O.P.(FC), we do not think it is necessary to issue notice to the respondents.

2. The petitioner filed O.P.No. 572 of 2014 on the file of the Family Court, Nedumangad against the 1st respondent for a decree of divorce. The respondents filed O.P. No.943 of 2014 before the same court against the petitioner

claiming arrears of past maintenance and recovery of gold ornaments. Both the O.Ps. are pending disposal. It is submitted that the both the O.Ps. are ripe for trial.

3. It is stated in the O.P.(FC) that the petitioner is a Military personnel and he is put to harassment by the 1st respondent by sending false complaints to the superior officer. The learned counsel for the petitioner submitted that there may be a direction to the Family Court to dispose of both the cases expeditiously and a date for hearing may be fixed sufficiently in advance so that the petitioner can avail leave. If the aforesaid O.Ps. are ripe for trial, the Family Court shall try and dispose of the cases as expeditiously as possible. A date for trial may be fixed sufficiently in advance so that the petitioner would be able to apply for leave accordingly. The petitioner shall produce certified copy of this judgment before the Family Court and he shall serve a true copy of this judgment to the learned

counsel appearing for the respondents and produce proof of the same before the Family Court.

The O.P.(FC) is disposed of as above.

Sd/- K.T. SANKARAN JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

True copy P.S. (Hr.Gr.)To Judge