Kerala High Court
Aneesh Kumar S.D vs Gayathri S on 23 November, 2020
Author: Bechu Kurian Thomas
Bench: S.V.Bhatti, Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
OP (FC).No.459 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPHMA 1457/2020 OF FAMILY COURT,TRIVANDRUM
PETITIONER/S:
ANEESH KUMAR S.D
AGED 31 YEARS
S/O. C.SUKUMARAN NADAR, RESIDING AT SUKUDEVA BHAVANAM,
NEDUVANVILA, PARASSALA P.O., THIRUVANANTHAPURAM-695 502
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.T.V.NEEMA
SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENT/S:
GAYATHRI S
D/O. N.M.SASEENDRAN, RESIDING AT GAYATHRI HOUSE, ENIKKARA,
KARAKULAM P.O., THIRUVANANTHAPURAM-695 564, NOW WORKING AT
INDUSIND BANK, VALASARAVAKKAM BRANCH, NO.33B, VEDACHALAM
COMPLEX, GROUND FLOOR,OPP NEELAGIRIS , VALSARAVAKKAM,
THGIRUVALLUR DISTRICT, CHENNAI-600087, TAMIL NADU
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.11.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.459/2020
-2-
JUDGMENT
Dated this the 23rd day of November 2020 Bechu Kurian Thomas, J.
Petitioner in this Original Petition seeks for a direction to dispose of O.P.(HMA) No.1457 of 2020 and I.A. No.2 of 2020 in O.P. (HMA) No.1457 of 2020 on the files of the Family Court, Thiruvananthapuram.
2. O.P.(HMA) No.1457 of 2020 of the Family Court, Thiruvananthapuram is filed for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act. The parties to the marriage have been living separately from 22.03.2018 onwards and their marriage have broken down irretrievably. It is in such circumstances that the petitioner seeks for a direction for an early disposal. O.P.(FC) No.459/2020 -3-
3. Having considered the peculiar situation arising in the case and the nature of relief sought for, we feel that this is a fit case where the Family Court can be directed to dispose of the aforesaid case in a time bound manner.
4. In the result, there will be a direction to the Family Court, Thiruvananthapuram to dispose of O.P. (HMA) No.1457 of 2020 and I.A. No.2 of 2020 in O.P.(HMA) No.1457 of 2020 pending on its file, as expeditiously as possible, at any rate, before 31.12.2020.
Writ petition is disposed of as above.
Sd/-
S.V.BHATTI JUDGE Sd/-
BECHU KURIAN THOMAS JUDGE jjj O.P.(FC) No.459/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OP(HMA) NO.1208/2018 ON THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM DATED 21.05.2018 EXHIBIT P2 TRUE COPY OF ORIGINAL PETITION OP(HMA) NO.1457/2020 EXHIBIT P3 TRUE COPY OF AFFIDAVIT AND PETITION FILED IN SUPPORT OF WAIVING THE STATUTORY PERIOD FILED AS IA NO.1/2020 EXHIBIT P4 TRUE COPY OF THE ADVANCE PETITION AS IA NO.2/2020 DATED 10.11.2020