Tessa vs Paul

TESSA vs PAUL

Type Court Judgment Court Kerala Decided May 28, 2024

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https://sooperkanoon.com/case/1326018

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Citation: sooperkanoon.com/1326018
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V,Honourable Mr. Justice P.M.Manoj
Decided On: May 28, 2024
Case Number: OP (FC)/331/2024

Parties & Advocates

Appellant / Petitioner

TESSA

Respondent

PAUL

Excerpt

.....directions to the family court to expeditiously dispose of the original petition along with o.p no.738 of 2021 on the files of the said court.2. the learned counsel appearing for the petitioner points out that,in tune with the observations in shiju joy1, the petitioner approached the family court and has filed exts.p3 and p4 applications seeking expeditious consideration of her petition. according to the learned counsel, the applications were allowed as well. however, the proceedings have not been concluded in an expeditious manner.3. in view of the contentions raised, this court by order dated 23.05.2024 had sought for a report from the family court. shiju joy a. v. nisha [2021 (2) khc 462]4. the report of the family court is placed before us. from thereport, it appears that an application for amendment has been filed by the petitioner and the case stands posted to 05.06.2024 for steps and for hearing the amendment application. the family court has opined that the matter can be disposed of within a period of six months.5. in that view of the matter, this petition is disposed of directing thefamily court to act in terms of the report dated 27.05.2024 and take the matter to its logical conclusion within the time frame stated in the report. raja vijayaraghavan v p.m.manoj apm/28/5/24 appendix of op (fc) 331/2024 petitioner exhibits exhibit.p1 true copy of the op 1081/2019 dated at irinjalakuda filed by the petitioner. exhibit.p2 true copy of the op 738/20 19 filed before the family court at irinjalakuda filed by the petitioner. exhibit.p3 the true copy of the petition ia 3/ 2022, exhibit.p4 the true copy of the petition ia 2/ 2022,

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V & THE HONOURABLE MR. JUSTICE P.M.MANOJ TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946 OP (FC) NO. 331 OF 2024 IN OP NO.1081 OF 2019 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/PETITIONER: TESSA AGED 29 YEARS D/O LATE KANNAMBILLY VEETTIL SHAJU ANTONY,PARIYARAM VILLAGE AND DESOM, CHALAKUDY TALUK, PIN - 680721 BY ADV T.N.MANOJ RESPONDENTS/RESPONDENTS: 1 PAUL AGED 31 YEARS S/O KOLUTHARA APPACHAN @ VARGHESE, ERNAKULUM COLLEGE P.O, T. D ROAD, ERNAKULUM TALUK,, PIN - 682035 2 APPACHAN @VARGHESE AGED 63 YEARS S/O KOLUTHARA POULOSE T. D ROAD, ERNAKULAM TALUK, PIN - 682035 THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J.

The petitioner herein is the petitioner in O.P No. 1081 of 2019 on the files of the Family Court, Irinjalakuda. The respondents in the said petition are her husband and father-in-law. She has approached this Court seeking issuance of directions to the Family Court to expeditiously dispose of the Original Petition along with O.P No.738 of 2021 on the files of the said court.

2. The learned counsel appearing for the petitioner points out that,

in tune with the observations in Shiju Joy1, the petitioner approached the Family Court and has filed Exts.P3 and P4 applications seeking expeditious consideration of her petition. According to the learned counsel, the applications were allowed as well. However, the proceedings have not been concluded in an expeditious manner.

3. In view of the contentions raised, this Court by order dated 23.05.2024 had sought for a report from the Family Court. Shiju Joy A. v. Nisha [2021 (2) KHC 462]

4. The report of the Family court is placed before us. From the

report, it appears that an application for amendment has been filed by the petitioner and the case stands posted to 05.06.2024 for steps and for hearing the amendment application. The Family Court has opined that the matter can be disposed of within a period of six months.

5. In that view of the matter, this petition is disposed of directing the

Family Court to act in terms of the report dated 27.05.2024 and take the matter to its logical conclusion within the time frame stated in the report. RAJA VIJAYARAGHAVAN V P.M.MANOJ APM/28/5/24 APPENDIX OF OP (FC) 331/2024 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE OP 1081/2019 DATED AT IRINJALAKUDA FILED BY THE PETITIONER. Exhibit.P2 TRUE COPY OF THE OP 738/20 19 FILED BEFORE THE FAMILY COURT AT IRINJALAKUDA FILED BY THE PETITIONER. Exhibit.P3 THE TRUE COPY OF THE PETITION IA 3/ 2022, Exhibit.P4 THE TRUE COPY OF THE PETITION IA 2/ 2022,

Same Court & Year Kerala · 2024 Same Parties TESSA vs PAUL Same Judge Honourable Mr. Justice Raja Vijayaraghavan V,Honourable Mr. J...