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High Court of KeralaOP (FC)/144/2015disposed of

Lintu Anna Koshy v. Mibu P.Alex @ Mibu Alex Mathew

2015-04-21Honourable Mr. Justice P.D.Rajan,Honourable Mr.Justice P.N.Ravindran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 OP (FC).No. 144 of 2015 (R) ---------------------------- ( O.P(DIV) 193/2014 of FAMILY COURT, THIRUVALLA) PETITIONER/PETITIONER:

------------------------------------------------ LINTU ANNA KOSHY AGED 28 YEARS D/O.KOSHY THOMAS, R/A.KURAVACHAL EBANEZER HOUSE ARANMULA P O, ARANMULA VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT.

BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT/RESPONDENTS:

---------------------------------------------------- MIBU P.ALEX @ MIBU ALEX MATHEW, AGED 30 YEARS S/O.MATHEW ALEXANDER R/A.MOOTHEDATHU PUNNASSERILPARAMBIL HOUSE ERAVIPEROOR P O, THIRUVALLA, PATHANAMTHITTA DIST PIN-689542 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 144 of 2015 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:- PHOTOCOPY OF PLAINT IN OS (DIV)193/14 OF FAMILY COURT, THIRUVALLA RESPONDENT(S)' EXHIBITS --------------------------------------- NIL /TRUE COPY/ VPS PS TO JUDGE

P.N.RAVINDRAN & P.D.RAJAN, JJ.

--------------------------- O.P.(F.C) No.144 of 2015 -------------------------- Dated this the 21st day of April, 2015

J U D G M E N T

P.N.Ravindran, J.

The prayer in this original petition filed under Article 227 of the Constitution of India is for a direction to the Family Court, Thiruvalla, to try and dispose of O.P.(Div) No.193 of 2014 within a time limit to be stipulated by this Court.

2. The petitioner is the wife and the respondent is her husband. The relief sought in O.P.(Div) No.193 of 2014 is for a decree dissolving the marriage between the petitioner and the respondent, which was solemnised on 24.1.2013. It is not in dispute that the petitioner is presently employed as a Nurse in the United Arab Emirates and the respondent left for the United Arab Emirates recently. It is also not in dispute that the respondent has entered appearance before the Family Court, Thiruvalla and filed his objections to the petition for divorce. It is stated before us that a counselling was also done. In such circumstances, we deem it appropriate to dispose of the original petition by directing the Family Court, Thiruvalla to try and dispose of O.P.(Div) No.193 of 2014 in a time bound manner.

O.P.(FC) No.144/2015 We accordingly dispose of the original petition with a direction to the Family Court, Thiruvalla, where O.P.(Div) No.193 of 2014 is pending, to try and dispose of the said petition expeditiously and in any event within an outer limit of six months from today, if necessary after further counselling.

P.N.RAVINDRAN, (JUDGE) P.D.RAJAN, (JUDGE) vps