Sunilal v. Mini @ Meena

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 OP (FC).No. 187 of 2015 (R) ---------------------------- AGAINST THE ORDER/JUDGMENT IN OP 873/2014 of FAMILY COURT, KOTTARAKKARA.

PETITIONER(S)/PETITIONER :

------------------------- SUNILAL, AGED 46 YEARS, S/O.GOPALAN T.G., VILLA PANAVELI P.O., VETTIKKAVALA VILLAGE, KOTTARAKKARA.

BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S)/RESPONDENTS :

--------------------------- MINI @ MEENA, AGED 34 YEARS, D/O. THANKAMMA DANIEL, KIZHANGUVILA VEEDU, MANNADI P.O., KADAMPANADU VILLAGE, ADOOR-689 649. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

:2:

OP (FC).No. 187 of 2015 (R) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- :

P1 :

COPY OF THE OP(DIV)NO.873/14 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.

RESPONDENT(S)' EXHIBITS ----------------------- :

NIL // True Copy// P.A. to Judge ss

C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.

-------------------------------------------------------------------------------- ------------------------------------------------------------------------ Dated this the 10th day of August, 2015

JUDGMENT

K. Ramakrishnan, J This original petition is filed by the petitioner in O.P.(Div.)No.873/2014 pending before the Family Court, Kottarakkara, for speedy disposal of the case under Article 227 of the Constitution of India.

2.

It is alleged in the petition that the petitioner is the petitioner in O.P.(Div.)No.873/2014 on the file of the Family Court, Kottarakkara. Though petition was filed in the year 2014, no effective steps were taken for disposal of the case and the case is being adjourned by the Family Court without any reason. So the petitioner has approached this court for giving a direction to the Family Court to dispose of the case within a time frame.

3.

Though notice was served on the respondent, she did not appear. We have called for a report from the

Family Court, Kottarakkara, and the Family Court Judge sent a report dated 17.07.2015 stating that in this case counseling was completed, but it failed and it was posted for mediation and objection to 21.07.2015 and no objection has been filed so far. So it has not ripened for trial. It is also mentioned in the report that old cases are pending before that court. However, efforts will be taken to dispose of the case, within a period of six months, after ripe for trial, after mediation and filing of objection by the respondent.

So considering the report of the Family Court, this court feels that there is no necessity to issue any direction as such to the Family Court, directing the Family Court to dispose of the case within a time frame, considering the fact that the case is not ripe for trial and mediation process has to be completed before the case is posted for evidence as well.

mentioned in the report.

With the above direction the petition is disposed of accordingly. Communicate this order to the concerned court, immediately.

Sd/- C.K. Abdul Rehim, Judge Sd/- K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss