Remya v. Jayachandrian
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 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 OP (FC).No. 266 of 2015 (R) -------------------------------------- AGAINST THE ORDER/JUDGMENT IN OP 539/2011 of FAMILY COURT, KOTTARAKKARA.
PETITIONER(S)/ORIGINAL PETITIONER:
--------------------------------------------------------- REMYA, 29 YEARS, D/O.SARASWATHIAMMA, M.S.MANDIRAM, ELAMADU VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT(S)/ORIGINAL RESPONDENT:
------------------------------------------------------------ JAYACHANDRIAN, 39 YEARS, S/O.RAJAPPAN, PUTHUR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:2:
OP (FC).No. 266 of 2015 (R) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- THE TRUE COPY OF THE OP NO 539/2011 FILED BY PETITIONER BEFORE THE FAMILY COURT, KOTTARAKARA P2:- THE TRUE COPY OF THE OP NO 848/2011 FILED BY PETITIONER BEFORE FAMILY COURT, KOTTARAKARA RESPONDENT(S)' EXHIBITS --------------------------------------- :
NIL /TRUE COPY// P.A TO JUDGE ss
C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.
----------------------------------------------------------------------- O.P.(F.C.) No.266 of 2015 -------------------------------------------------------------------- Dated this the 30th day of June, 2015
JUDGMENT
K. Ramakrishnan, J Petitioner who is the petitioner in O.P.No.539/2011 and O.P.No.848/2011 of the Family Court, Kottarakka has filed this petition, seeking the intervention of this court under Article 227 of the Constitution of India, for early disposal of the cases. 2.
It is alleged in the petition that the petitioner filed O.P.No.539/2011 and O.P.No.848/2011 against the respondent, claiming return of gold ornaments and money and also for divorce. Though the cases are of the year 2011, no steps have been taken for the purpose of completion of evidence and disposal of the cases. She is a jobless woman, aged 29 years. Long pendency of the cases will affect her future. Though requests were made to the trial court for early disposal, no orders have been passed by the court below. Hence she has no other remedy, except to approach this court, seeking the following reliefs:
i.
Issue a order by means of a direction to
the Family Court, Kottarakkara to expedite the disposal of O.P.539/2011 and O.P.848/2011.
ii.
Pass such any other order, relief or direction as your good office may deem fit in the interest of justice, equity and good conscience. 3.
On the basis of the allegations made, a report has been called for from the Family Court, Kottarakkara, and the Family court had sent a report, in which it has been stated that the cases were posted for evidence and an Advocate Commissioner is appointed to record evidence in both the cases on 07.08.2015 and after completion of the evidence, the case will be disposed of as early as possible within six months, of recording of the evidence is completed. We record the report of the Family Court and dispose of the writ petition 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