Sreejith S. v. Santhi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 OP (FC).No. 610 of 2014 (R) ---------------------------- OP 257/2013 PENDING BEFORE FAMILY COURT,KOLLAM PETITIONER(S):

---------------- SREEJITH S. AGED 33 YEARS S/O.SASIDHARAN NAIR SREEVIHAR (KOCHU PUTHEN VEEDU) THAZHATHU MURI KULAKKADA VILLAGE, KOTTARAKKARA KOLLAM.

BY ADV. SRI.B.MOHANLAL RESPONDENT(S):

--------------- SANTHI, D/O.SATHEEBHAI AMMA KEEZHOOTTU VEEDU, KOTTAMKARA ELAMPALOOR VILLAGE CHANDATHOPPE P.O, KOLLAM, 671 014 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10-02-2015, ALONG WITH OPFC. 611/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 610 of 2014 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 - THE TRUE COPY OF THE APPLICATION IN OP NO.257/2013 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOLLAM EXT.P2 - THE TRUE COPY OF THE RECEIPT ISSUED BY THE MOTHER OF THE RESPONDENT DATED 24-12-2012 RESPONDENT(S)' EXHIBITS -------------------------:

NIL.

TRUE COPY PA TO JUDGE.

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

------------------------------------------- O.P.(FC) Nos. 610/2014 & 611 of 2014 ---------------------------------------------- Dated this the 10th day of February, 2015

JUDGMENT

V.K.Mohanan,J.

As the parties to the above O.P.(FC)s are the same and the reliefs sought for, are identical, the above O.P.(FC)s are heard together and being disposed of by this common judgment.

2.

O.P.(FC)No.610/2014 is preferred against O.P.No.257/2013 pending before the Family Court, Kollam for recovery of gold ornaments and money, filed by the respondent herein, whereas O.P.(FC) No.611/2014 is preferred against O.P.(HMA) No.301/2013 pending before the very same Famiy Court and the said Original Petition was filed by the respondent wife for divorce.

2.

Now by filing the above O.P.(FC)s, by the husband, it is prayed to direct the Family Court, Kollam to dispose of O.P.No.257/2013 as well as O.P.(HMA) No.301/2013 within a stipulated time to be fixed by this Court.

3.

When the above O.P.(FC)s came up for consideration, by a separate order, we directed the Registry to obtain a report from the Family Court, Kollam as to whether the above referred O.Ps i.e., O.P.No.257/2013 and 301/2013 are ripe for trial and the possible time within which the said matters can be disposed of. Accordingly, the Family Court, Kollam reported that on appearance of the parties, the case was referred for mediation, but it was failed and the respondent has filed objections only in O.P.No.257/2013 and subsequently, on the submission of the parties, the

case has been again referred for mediation. However, the learned Judge of the Family Court has informed this Court that O.P.No.257/2013 is ripe for trial and O.P.No.301/2013 is not ripe for trial, but both the O.Ps can be disposed of within six months, if the parties cooperate with the trial. In the light of the above report of the learned Judge of the Family Court, Kollam, the above O.P.(FC)s are disposed of directing the Family Court, Kollam to dispose of O.P.No.257/2013 and O.P.(HMA)No.301/2013, as expeditiously as possible.

V.K. MOHANAN, JUDGE.

P.D. RAJAN, JUDGE.

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