Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 OP (FC) NO. 270 OF 2023 OP 721/2020 OF THE FAMILY COURT, THRISSUR PETITIONER/PETITIONER IN OP: RAMDAS, AGED 58 YEARS, S/O V K MADHAVAKURUPU, VELLOOR KADATHRA HOUSE, THIRUR, P.O. MULAKUNNATHUCAVU, THRISSUR DISTRICT, PIN - 680581. BY ADVS. NIRMAL V NAIR ARATHI PRABHAKARAN ENCIL K. SABU RESPONDENT/RESPONDENT IN OP: LAKSHMI DEVI, AGED 50 YEARS, D/O SHANKARAN NAIR, CHONATTU KUNNATHU HOUSE, (PAVANA) CHAKKAMUKKU, MARAVANCHERY LANE, POONKUNNAM P.O., THRISSUR DISTRICT, PIN - 680002. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.05.2023, ALONG WITH OP(FC)NO.271 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(FC)Nos.270 & 271/2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 OP (FC) NO. 271 OF 2023 OP 720/2020 OF THE FAMILY COURT, THRISSUR PETITIONER/PETITIONER IN OP: RAMDAS, AGED 58 YEARS, S/O V K MADHAVAKURUPU, VELLOOR KADATHRA HOUSE, THIRUR, P.O. MULAKUNNATHUCAVU, THRISSUR DISTRICT, PIN - 680581. BY ADVS. NIRMAL V NAIR ARATHI PRABHAKARAN ENCIL K. SABU RESPONDENT/RESPONDENT IN OP: LAKSHMI DEVI, AGED 50 YEARS, D/O SHANKARAN NAIR, CHONATTU KUNNATHU HOUSE, (PAVANA) CHAKKAMUKKU, MARAVANCHERY LANE, POONKUNNAM P.O., THRISSUR DISTRICT, PIN - 680002. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.05.2023, ALONG WITH OP(FC)NO.270 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(FC)Nos.270 & 271/2023 3
JUDGMENT
A.Muhamed Mustaque, J.
These matters are filed by the parties to a pending proceedings before the Family Court, Thrissur. Early hearing petition has been filed as early as on 13.03.2023. Those applications have not been disposed of. When Family Court, Thrissur, was contacted, following informations received in OP(FC)No.270 of 2023:
“I.A.No.3 of 2023 in OP No.721 of 2020 is posted for hearing on 06.06.2023. OP No.721 of 2020 is posted for counter on 06.06.2023.” and in OP(FC)No.271 of 2023, informations received as follows: “I.A.No.7 of 2023 in OP No.720 of 2020 is posted for hearing on 06.06.2023. OP No.720 of 2020 is posted for counter on 06.06.2023.”
2. We don’t understand why the early hearing petitions have not
been considered so far. We deprecate this kind of practice, not following the directions in the decision in Shiju Joy v. Nisha [2021 (2) KLT 607]. We direct the Family Court, Thrissur to pass orders on the OP(FC)Nos.270 & 271/2023 4 applications for early hearing on the next posting day itself. With the above said direction, these original petitions are disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SOPHY THOMAS JUDGE DSV/01.06.2023. OP(FC)Nos.270 & 271/2023 5 APPENDIX OF OP (FC) 270/2023 PETITIONER’S EXHIBITS: Exhibit P1 A TRUE COPY OF THE O.P.NO.721/2020 BEFORE HON'BLE Exhibit P2 A TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.2/2020 IN O.P.NO.721/2020 BEFORE HON'BLE Exhibit P3 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 08-09-2022 ISSUED BY THE DAYA GENERAL HOSPITAL LTD. AND SPECIALITY SURGICAL CENTRE, THRISSUR. Exhibit P4 A TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. RESPONDENT’S EXHIBITS: NIL OP(FC)Nos.270 & 271/2023 6 APPENDIX OF OP (FC) 271/2023 PETITIONER’S EXHIBITS: Exhibit P1 A TRUE COPY OF THE O.P.NO.720/2020 BEFORE HON'BLE Exhibit P2 A TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.6/2020 IN O.P.NO.720/2020 BEFORE HON'BLE Exhibit P3 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 08-09-2022 ISSUED BY THE DAYA GENERAL HOSPITAL LTD. AND SPECIALITY SURGICAL CENTRE, THRISSUR. Exhibit P4 A TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. RESPONDENT’S EXHIBITS: NIL