Kerala High Court
Praseeda R.Nair vs Mukesh B.Nair on 9 September, 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
WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA,
1942
OP (FC).No.302 OF 2020
AGAINST OP(HMA)No.1122/2019 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER/1st PETITIONER:
PRASEEDA R.NAIR
AGED 27 YEARS, D/O.RAJASEKHARAN NAIR
VAZHAKKALAYIL HOUSE
PUTHUSSERIMALA P.O., RANNI VILLAGE
RANNI TALUK
PATHANAMTHITTA DISTRICT - 689 672
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENT/2ND PETITIONER:
MUKESH B.NAIR
AGED 32 YEARS, S/O.BALACHANDRAN NAIR
MAYA VILASOM HOUSE
VAYYATTUPUZHA P.O.
CHITTAR VILLAGE, KONNI TALUK
PATHANAMTHITTA DISTRICT 689 663
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC) No.302/20 -:2:-
JUDGMENT
Dated this the 9th day of September, 2020 Bechu Kurian Thomas, J.
This original petition is filed seeking a direction to consider and dispose of Exts.P3 and P4 applications in a time bound manner. A direction is also sought for disposal of O.P.(HMA) No.1122 of 2019 on the files of the Family Court, Pathanamthitta, in a time bound manner.
2. Petition for dissolution of marriage by mutual consent was filed by the parties to the marriage, before the Family Court, Pathanamthitta as O.P.(HMA) No.1122 of 2019 under Section 13(B) of the Hindu Marriage Act, 1955. According to the petitioner, even though the petition for dissolution of marriage was filed on 21.10.2019, due to the restrictions imposed under Covid-19 regulations, she could not appear for counselling and for giving evidence.
3. Petitioner submits that both parties have filed an application as I.A. No.1 of 2020 seeking permission to adduce evidence through videoconferencing. Petitioner also submits that they have filed I.A. No.2 of 2020 seeking to dispense with the O.P.(FC) No.302/20 -:3:- counselling process. The aforesaid two applications are produced in this original petition as Exts.P3 and P4. The learned counsel for the petitioner submits that a joint memo has also been filed by both the parties on 19.8.2020 stating that all obligations between the respective parties have been complied with and fulfilled. According to the counsel, even though the case was posted to different dates between 25.8.2020 and 4.9.2020, no orders have been passed till date. It is in these circumstances that the petitioner has approached this Court seeking a direction for an early disposal of Exts.P3 and P4 and also the original petition for dissolution of marriage itself, in a time bound manner. Learned counsel for the petitioner relied on the decision of this Court in Blessy Varghese Edattukaran v. Sonu (2015 (5) KHC 458) and that of the Supreme Court in State of Maharashtra v. Dr.Praful B.Desai (2003) 4 SCC 601) in support of his arguments.
4. After hearing the learned counsel for the petitioner and after appreciating the situation of the parties, we feel that a time bound consideration of Exts.P3 and P4 is required in the instant case. It is also essential that the petition for dissolution of marriage by mutual consent also be considered and disposed of in a time bound manner.
O.P.(FC) No.302/20 -:4:-
5. Accordingly, there will be a direction to the Family Court, Pathanamthitta, to consider and dispose of Exts.P3 and P4 applications within a period of one week from the date of receipt of a copy of this judgment. There will also be a further direction to dispose of O.P.(HMA) No.1122 of 2019 on the files of the Family Court, Pathanamthitta, within a period of two weeks from the date of disposal of Exts.P3 and P4.
The original petition is allowed as above.
Sd/-
S.V.BHATTI JUDGE Sd/-
BECHU KURIAN THOMAS JUDGE vps O.P.(FC) No.302/20 -:5:- APPENDIX PETITIONER'S/S' EXHIBITS:
EXT.P1 TRUE COPY OF THE OP(HMA) No.1122/2019 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA EXT.P2 TRUE COPY OF THE MEDIATION AWARD DATED 19.10.2019 PASSED BY THE DISTRICT MEDIATION CENTRE, PATHANAMTHITTA SETTLING THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT HEREIN EXT.P3 TRUE COPY OF THE I.A. NO.1/2020 IN EXT.P1 OP(HMA) SEEKING PERMISSION TO ADDUCE EVIDENCE THROUGH VIDEO CONFERRENCING BY THE PETITIONER/1ST PETITIONER EXT.P4 TRUE COPY OF THE I.A. NO.2/2020 IN EXT.P1 OP(HMA) FILED BY THE PETITIONER/1ST PETITOINER BEFORE THE FAMILY COURT, PATHANAMTHITTA EXT.P5 TRUE COPY OF THE JOINT MEMO DATED 19.8.2020 FILED BY THE COUNSELS FOR THE PETITIONER AND RESPONDENT IN OP(HMA) NO.1122/2019 OF FAMILY COURT, PATHANAMTHITTA EXT.P6 TRUE COPY OF THE AFFIDAVIT DATED 27.8.2020 FILED BY THE COUNSEL FOR THE RESPONDENT/2ND PETITIONER.
RESPONDENT'S/S' EXHIBITS:
NIL