Sujeesh Kumar v. Remya

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 OP (FC).No. 588 of 2014 (R) ---------------------------- OP 65/2014 of FAMILY COURT, OTTAPPALAM PETITIONER(S)/RESPONDENT:

--------------------------- SUJEESH KUMAR AGED 35 YEARS S/O.PARAMESWARAN, MECHERIPARAMBIL HOUSE, MULLAMPARA MANJERI P.O., MALAPPURAM DISTRICT-676121.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S)/PETITIONER:

-------------------------- REMYA, AGED 29 YEARS D/O.RAVEENDRAN, PANTHAKKAPARAMBIL HOUSE, MARUTHUR P.O. MELEPATTAMBI, PALAKKAD DISTRICT-679306.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 588 of 2014 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXHIBIT-P1: TRUE COPY OF THE COMMON JUDGMENT DATED 15.3.2013 IN TR.P.(C) NO.410/2012 AND 411/2012.

EXHIBIT-P2: TRUE COPY OF THE JUDGMENTS DATED 03.01.2014 IN TR.P.(C) NO.595/2013.

EXHIBIT-P3: TRUE COPY OF THE JUDGMENTS DATED 03.01.2014 IN TR.P.(C) NO.596/2013.

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

NIL TRUE COPY PA TO JUDGE.

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V.K. MOHANAN & P.D. RAJAN, JJ.

------------------------------------------- O.P.(FC) No.588 of 2014 ---------------------------------------------- Dated this the 16th day of January, 2015

JUDGMENT

V.K.Mohanan,J.

The petitioner herein is the petitioner in O.P.No.65/2014 and O.P.(G&W)No.66/2014, which are filed respectively for restitution of conjugal right and for declaring him as the guardian of the child born in the wedlock of the petitioner and the respondent. According to the petitioner, because of the difference of opinion between him and the respondent, who is his wife, they are residing separately for the last several years and because of the matrimonial discord, both the petitioner as well as the respondent, approached the Family Court by filing separate petitions seeking various reliefs. The respondent herein, who

is the wife of the petitioner filed O.P.No.62/2013 for dissolution of marriage and she has also filed M.C.No.166/2013 claiming maintenance from the petitioner. Now the prayer of the petitioner is to issue a direction to the Family Court, Ottappalam to dispose of O.P.Nos.65/2014, O.P.(G&W)No.66/2014, O.P.No.652/2013 and M.C.No.166/2013.

2.

When the above writ petition came up for consideration, we directed the Registry to obtain a report from the Presiding Officer of the Family Court, Ottappalam as to whether the above referred cases are ripe for trial and the probable date within which those matters can be disposed of. Accordingly, the Registry obtained a report dated 26.12.2014 from the Judge of the Family Court, Ottappalam. We have perused the said

report. In the above referred report, the learned Judge of the Family Court has reported that the cases referred above are ripe for trial and the same are put in the list and if both parties and counsel are ready, the cases can be disposed of within four months.

3.

In the light of the above report, we are inclined to dispose of this O.P.(FC) with a direction to the Family Court, Ottappalam to dispose the above referred cases as expeditiously as possible.

Accordingly, this O.P.(FC) is disposed of directing the learned Judge of the Family Court, Ottappalam to dispose of O.P.Nos.65/2014,O.P.(G&W)No.66/2014, O.P.No.652/2013 and M.C.No.166/2013 as expeditiously as possible, at any rate, within four months from the date of producing a copy of this judgment before the said Court.

The parties are directed to co-operate with the proceedings of the Court below for an earlier disposal of the cases.

V.K. MOHANAN, JUDGE.

P.D. RAJAN, JUDGE.

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