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Kerala High Court

Dilip Pillai vs Anju Krishnan on 10 September, 2021

Author: Kauser Edappagath

Bench: A.Muhamed Mustaque, Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                   TH
  FRIDAY, THE 10        DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                         O.P . (FC) NO. 243 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OPHMA 1988/2018 OF FAMILY
          COURT,TRIVANDRUM, THIRUVANANTHAPURAM


  PETITIONER/RESPONDENT:


      DILIP PILLAI, AGED 34 YEARS,
      S/O. THULASI AMMA, SHANU VILAS,
      NEAR ENDRESSA CONVENT, PALLIKKANAM (P.O.),
      KANNUR -670 004.


      BY ADVS.
      SRI. K.RAJESH KANNAN
      SRI.M.RAMASWAMY PILLAI


  RESPONDENT/PETITIONER:


      ANJU KRISHNAN, AGED 30 YEARS,
      W/O. DILIP PILLAI, T.C.51/1208(5), DAYA,
      SATHYAN NAGAR, ESTATE (P.O.),
      THIRUVANANTHAPURAM-695 019.


      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
        O.P . (FC) NO. 243 OF 2021

                                       2




                     A.MUHAMED MUSTAQUE &
                     DR.KAUSER EDAPPAGATH, JJ.
          -------------------------------------------
                        O.P.(F.C.)No.243 of 2021
            ---------------------------------------
                     Dated: 10th September, 2021

                                    JUDGMENT

A.Muhamed Mustaque, J This original petition was filed for expeditious disposal of O.P.(HMA)No.1988 of 2018 on the file of the Family Court, Thiruvananthapuram.

2. It is submitted that, respondent also filed a case for divorce. If both parties do not want to continue, parties can explore the possibility of filing a joint petition for divorce. Though we issued notice in this matter, none turned up for the respondent. We direct the Family Court to refer the parties for a mediation in the next posting itself and direct to post the case to O.P . (FC) NO. 243 OF 2021 3 a near date to refer the parties for mediation. In regard to the disposal of the case, the Family Court is directed to follow the Division Bench judgment of this Court in [Shiju Joy v. Nisha (2021 (2) KLT 607)], wherein this court had issued necessary guidelines for disposal of matters pending before the Family Court.

This Original Petition is disposed of in the light of the above judment. The directions in the above judgment shall be scrupulously followed in this matter also.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ss O.P . (FC) NO. 243 OF 2021 4 APPENDIX OF OP (FC) 243/2021 PETITIONER EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.P.(HMA) NO.1988/2018 DATED

3.9.2018 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER DATED 30.11.2019 IN O.P.(HMA) NO.1988/2018 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.