Antony Jayan.V.J. v. Mary Maya Alexander

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 OP (FC).No. 247 of 2015 (R) ---------------------------- GOP NO.285/2012 OF FAMILY COURT, ERNAKULAM.

.......

PETITIONER(S):

-------------------------- ANTONY JAYAN. V.J., AGED 34 YEARS, S/O.LATE V.J. JOY, VALANTHARA HOUSE, PERUMBADAPP, PALLURUTHY, COCHIN - 682 006.

BY ADVS.SRI.V.BHASKARA MENON, SRI.T.M.RAMAN KARTHA, SMT.SYAMA MOHAN, SMT.G.SUMA.

RESPONDENT(S):

---------------------------- MARY MAYA ALEXANDER, AGED 28 YEARS, D/O.ALEXANDER, THOUNDAYIL HOUSE, THOUNDAYIL LANE, PANAMPILLY NAGAR, ERNAKULAM, COCHIN- 682 036. BY ADV. SRI.V.PHILIP MATHEW.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

OP (FC).No. 247 of 2015 ® APPENDIX PETITIONER'S EXHIBITS:- P1:

A TRUE COPY OF GOP NO.285/2012 FILED BY THE PETITIONER HEREIN ON 06/02/2012, BEFORE THE FAMILY COURT, ERNAKULAM. P1(A): A TRUE COPY OF THE OBJECTIONS DT. 10/04/2012 FILED IN GOP NO.285/2012.

P2:

A TRUE COPY OF OP NO.1818/2012 FILED BY THE PETITIONER ON 11/10/2012. P2(A): TRUE COPY OF THE OBJECTIONS DT. 26/03/2013 FILED IN OP NO.1818/2012. P3:

A TRUE COPY OF THE OP NO.19/2014 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT ERNAKULAM ON 03/01/2014. P3(A): A TRUE COPY OF THE OBJECTIONS DT. 21/03/2015 FILED IN OP NO.19/2014. P4:

A TRUE COPY OF THE MC NO.31/2014 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT ERNAKULAM ON 31/01/2014. P4(A): A TRUE COPY OF THE OBJECTIONS DT. 21/03/2015 FILED IN MC NO.31/2014. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

C.K. ABDUL REHIM, J.

& K. RAMAKRISHNAN, J.

------------------------------------------------- O.P (FC) No. 247 OF 2015 ------------------------------------------------- DATED THIS THE 25th DAY OF JUNE, 2015

J U D G M E N T

K. Ramakrishnan, J:

This is an application filed by the petitioner seeking intervention of this court for speedy disposal of G.O.P 285/2012 and OP 1818/2012 filed by the petitioner and OP 19/2014 and MC No.31/2014 filed by the respondent pending disposal before the Family Court invoking jurisdiction under Article 227 of the Constitution of India. 2.

It is alleged in the petition that all these cases are pending before the court below and two of the cases are pending from 2012 onwards. Inspite of request made, no attempts were taken by the Family Court Judge to dispose of the cases and no order regarding interim custody of the child was also passed. So under the circumstances he has no other remedy except to approach this court seeking intervention of this court for speedy disposal of the cases.

O.P (FC) No.247/2015 -23.

On the basis of the allegation, we called for a report from the Family Court Judge. The Family Court Judge sent a report stating that in all these cases counselling and mediation are over and in GOP 285/2012 and in OP 1818/2012 counter statements were not seen filed. All these cases are posted to 06-07-2015 and expressed his willingness to dispose all the cases within a period of 6 months from the date of filing counter statements by the respondents. We are aware the fact that Family Courts are crowded with number of cases and old cases than these cases are pending. This court feels that in view of the fact a report has been submitted by the Family Court Judge regarding disposal of the case, the same can be accepted and the petition can be disposed of directing the Family Court Judge to expedite disposal of these four cases at the earliest.

4.

If the parties file an application for joint trial that application also can be considered by that court and pass appropriate orders. Both parties are directed to co-operate with the disposal of the cases.

O.P (FC) No.247/2015 -35.

With the above directions and observations this petition is disposed of.

6.

Office is directed to communicate this judgment to the concerned court immediately.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- K. RAMAKRISHNAN, JUDGE.

AMG True copy P.A. to Judge