Jacob George v. Sheeja

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR.JUSTICE K. RAMAKRISHNAN TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 OP (FC).No. 248 of 2015 (R) ---------------------------- AGAINST I.A.NO.993/14 IN OP.NO.482/10 OF FAMILY COURT, KOTTARAKKARA PETITIONER:

----------- JACOB GEORGE, AGED 44 YEARS S/O. GEORGEKUTTY, SAJI VILASAM, ANDOOR UMMANNOOR, KOTTARAKKARA.

BY ADV. SRI.SAJU.S.A RESPONDENT:

----------- SHEEJA, D/O ANNAMMA, PUSHPAMALIKA, NJARAKKAD, THALAVOOR, KUNNIKKODE, PATHANAPURAM, KOLLAM, PIN:689695.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 248 of 2015 (R) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

---------------------- EXHIBIT P1: TRUE COPY OF O.P.482/2010 DATED 17.5.20120 BEFORE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P2: TRUE COPY OF THE COUNTER DATED 22.3.2011 FILED IN EXT.P1 O.P. BEFORE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P3: TRUE COPY OF I.A.993/2014 IN O.P.NO.482/2010, FAMILY COURT, KOTTARAKKARA DATED 12.8.2014.

EXHIBIT P4: TRUE COPY OF COUNTER IN EXT.P3 I.A. FILED BY THE RESPONDENT DATED 18.9.2014 BEFOIRE FAMILY COURT, KOTTARAKKARA. RESPONDENT'S EXHIBITS:NIL ---------------------- /TRUE COPY/ P.S TO JUDGE cl

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

................................................. .................................................. Dated this the 23rd day of June, 2015.

JUDGMENT

Ramakrishnan, J:

This original petition is filed by the petitioner seeking interference of this Court for disposal of I.A.No.993/2014 in O.P.No.482/2010 of Family Court, Kottarakkara invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

2. The grievance of the petitioner is that though he filed I.A.No.993/2014, the Family Court is not taking any decision in that application and that prompted him to file this petition before this Court.

3. Considering the nature of relief claimed, this Court felt that this petition can be disposed of at the admission stage itself dispensing with notice to the respondent. Heard counsel for the petitioner.

4. Once an interlocutory application has been filed, there is a duty cast on the presiding officer to dispose of the petition in either way in accordance with law without delay. So this

petition is disposed of directing the Family Court, Kottarakkara to consider and dispose of I.A.No.993/2014 in O.P.No.482/2010 pending before that Court as early as possible in accordance with law.

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

Office is directed to communicate a copy of this judgment to the concerned Court immediately.

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

Sd/- K. RAMAKRISHNAN, JUDGE.

/true copy/ P.S to Judge cl