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Prasad. K, vs Deepika,

Prasad. K, vs Deepika,

Type Court Judgment Court Kerala Decided Feb 16, 2022
~3 min read
https://sooperkanoon.com/case/1440893

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP (FC)/10/2022

Parties & Advocates

Appellant / Petitioner

Prasad. K,

Respondent

Deepika,

Excerpt

.....the hon'ble family court, malappuram to defer the trial of exts.p1 to p4 for a period of one month for ends of justice.2. to grant such other reliefs prayed for from time to time including cost of these proceedings”2. the innocuous prayer of the petitioner is to defer the trial by one month to enable him to peru2se the voluminous documents produced by the respondent. this court on 07.01.2022 passed the following order:issue notice before admission to the respondent by speed post. simultaneously, the petitioner is permitted to serve notice on the respondent through the learned counsel appearing for the respondent before the family court. we direct the family court to defer the trial for a period of two weeks. op (fc) no.10/2022 33. the prayer itself has been worked out by thepassage of time. it is now submitted at the bar that the case is scheduled for trial in the first week of march, 2022. in the light of the above, we find that no further orders are required in this matter. the original petition is disposed of as above. a.muhamed mustaque sophy thomas ln op (fc) no.10/2022 4 appendix of op (fc)no.10/2022 petitioner exhibits exhibit p1 copy of the petition in op (hm) no. court, malappuram dated 5.10.2018. exhibit p2 true copy of the op no.404/2019 filed by the petitioner before the family court, malappuram dated 25.6.2019. exhibit p3 copy of the op no.616/2019 filed by the petitioner dated 25.9.2019. exhibit p4 true copy of the mc no.321/2020 dated 4.11.2020 before the family court, malappuram. exhibit p5 copy of the mc 7/2018 filed by the respondent dated 1.10.2018. exhibit p6 copy of the petition in op 706/2020 filed by the respondent dated 4.11.2020. exhibit p7 copy of the photograph. exhibit p8 copy of the list of documents filed by the respondent in op no.686/2018 dated 23.12.2021.

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 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 OP (FC) NO. 10 OF 2022 AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN OP(HM)NO.686/2018 OF FAMILY COURT, MALAPPURAM PETITIONER/S: PRASAD. K, AGED 47 YEARS, S/O. GANGADHARAN NAIR, KAKKATTIL HOUSE, PANG-CHENDI P.O, PERINTHALMANNA TALUK, MALAPPURAM 679 338. BY ADV T.G.RAJENDRAN RESPONDENT/S: DEEPIKA, AGED 31 YEARS, D/O.GOPALAN NAIR, MUNDATH HOUSE, CHEMMALASSERY P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 323. BY ADV VIJAY SANKAR V.H. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC) No.10/2022 2

JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed on 06.01.2022 with the following prayers: “1. Issue appropriate directions to the Hon'ble Family Court, Malappuram to defer the trial of Exts.P1 to P4 for a period of one month for ends of justice.

2. to grant such other reliefs prayed for from time to time including cost of these proceedings”

2. The innocuous prayer of the petitioner is to defer the trial by one month to enable him to peru2se the voluminous documents produced by the respondent. This Court on 07.01.2022 passed the following order:

Issue notice before admission to the respondent by speed post. Simultaneously, the petitioner is permitted to serve notice on the respondent through the learned counsel appearing for the respondent before the Family Court. We direct the Family Court to defer the trial for a period of two weeks. OP (FC) No.10/2022 3

3. The prayer itself has been worked out by the

passage of time. It is now submitted at the Bar that the case is scheduled for trial in the first week of March, 2022. In the light of the above, we find that no further orders are required in this matter. The original petition is disposed of as above. A.MUHAMED MUSTAQUE SOPHY THOMAS ln OP (FC) No.10/2022 4 APPENDIX OF OP (FC)NO.10/2022 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PETITION IN OP (HM) NO. COURT, MALAPPURAM DATED 5.10.2018. EXHIBIT P2 TRUE COPY OF THE OP NO.404/2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM DATED 25.6.2019. EXHIBIT P3 COPY OF THE OP NO.616/2019 FILED BY THE PETITIONER DATED 25.9.2019. EXHIBIT P4 TRUE COPY OF THE MC NO.321/2020 DATED 4.11.2020 BEFORE THE FAMILY COURT, MALAPPURAM. EXHIBIT P5 COPY OF THE MC 7/2018 FILED BY THE RESPONDENT DATED 1.10.2018. EXHIBIT P6 COPY OF THE PETITION IN OP 706/2020 FILED BY THE RESPONDENT DATED 4.11.2020. EXHIBIT P7 COPY OF THE PHOTOGRAPH. EXHIBIT P8 COPY OF THE LIST OF DOCUMENTS FILED BY THE RESPONDENT IN OP NO.686/2018 DATED 23.12.2021.

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