Ancy Jacob vs Jacob K.J

Type Court Judgment Court Kerala Decided Jan 21, 2022

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https://sooperkanoon.com/case/1440396

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Citation: sooperkanoon.com/1440396
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jan 21, 2022
Case Number: OP (FC)/5/2022

Parties & Advocates

Appellant / Petitioner

Ancy Jacob

Respondent

Jacob K.J

Excerpt

.....court) having come up for final hearing on 21.01.2022, the court on the same day delivered the following:judgmentajithkumar, j.the petitioner in original petition no.546 of 2019 before the family court, ernakulam has filed this petition under article 227 of the constitution of india, seeking a direction to the family court, ernakulam, to dispose of that original petition within a time frame to be fixed by this court.2. heard the learned counsel appearing for the petitioner and also the respondent.3. o.p.no.546 of 2019 was filed by the petitioner-wifeseeking a decree of divorce of the marriage between the petitioner-wife and the respondent-husband. although the respondent entered appearance before the family court, he has not filed any objection in the original petition so far. an interlocutory application, i.a.no.5526 of 2021, was filed on 19.11.2021 by the petitioner before the family court with a prayer to advance the hearing of original petition to a near date. a copy of the application is ext.p2. the said application also is pending consideration of the family court. pointing out the said circumstances, the petitioner would contend that a direction for a speedy disposal of o.p.no.546 of 2019 is highly essential, especially taking into account the miseries to which she is being subjected to on account of the continuance of the marriage.having heard the learned counsel appearing for bothsides, we deem it appropriate to direct the family court, ernakulam for a speedy disposal of the o.p.no.546 of 2019. this original petition is accordingly allowed. the respondent is directed to file his objection, if any, in o.p.no.546 of 2019 within a period of three weeks from today. the family court, ernakulam is directed to dispose of o.p.no.546 of 2019 as expeditiously as possible, at any rate, within three months from the date of filing of the objection, if any, by the respondent.anil k. narendran, judge p.g. ajithkumar, judge dkr appendix of op (fc) 5/2022 petitioner.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 O.P.(FC) NO. 5 OF 2022 SPEEDY DISPOSAL OF O.P.NO.546 OF 2019 OF FAMILY COURT, ERNAKULAM
PETITIONER: ANCY JACOB, AGED 32 YEARS, W/O. JACOB K.J., PALLIPARAMBIL, NAYARAMBALAM P.O., KUDINGASHERRI, ERNAKULAM-682 509. BY ADVS. T.B.THANKAPPAN T.T.HARIKUMAR T.U.SUJITH KUMAR DIPIN DILEEP JEO GEORGE RESPONDENT/S: JACOB K.J., AGED 42 YEARS, S/O. LATE K.P.JOSEPH, MALLOTH HOUSE, THEVARA P.O., BEHIND THEVARA POLICE STATION, KOCHI-682 015. ADV.VIVEKANANDAN- RESPONDENT THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Ajithkumar, J.

The petitioner in Original Petition No.546 of 2019 before the Family Court, Ernakulam has filed this petition under Article 227 of the Constitution of India, seeking a direction to the Family Court, Ernakulam, to dispose of that original petition within a time frame to be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and also the respondent.

3. O.P.No.546 of 2019 was filed by the petitioner-wife

seeking a decree of divorce of the marriage between the petitioner-wife and the respondent-husband. Although the respondent entered appearance before the Family Court, he has not filed any objection in the original petition so far. An interlocutory application, I.A.No.5526 of 2021, was filed on 19.11.2021 by the petitioner before the Family Court with a prayer to advance the hearing of original petition to a near date. A copy of the application is Ext.P2. The said application also is pending consideration of the Family Court. Pointing out the said circumstances, the petitioner would contend that a direction for a speedy disposal of O.P.No.546 of 2019 is highly essential, especially taking into account the miseries to which she is being subjected to on account of the continuance of the marriage.

Having heard the learned counsel appearing for both

sides, we deem it appropriate to direct the Family Court, Ernakulam for a speedy disposal of the O.P.No.546 of 2019. This Original Petition is accordingly allowed. The respondent is directed to file his objection, if any, in O.P.No.546 of 2019 within a period of three weeks from today. The Family Court, Ernakulam is directed to dispose of O.P.No.546 of 2019 as expeditiously as possible, at any rate, within three months from the date of filing of the objection, if any, by the respondent.

ANIL K. NARENDRAN, JUDGE P.G. AJITHKUMAR, JUDGE dkr APPENDIX OF OP (FC) 5/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION NO.546/2019 DATED 02.03.2019 IN THE COURT OF FAMILY COURT, ERNAKULAM Exhibit P2 TRUE COPY OF IA 5526 OF 2021 DATED 18.11.2021 IN OP 546/2019 IN THE COURT OF FAMILY COURT, ERNAKULAM

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