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Harindran Vs. BineethA.D. Chandran - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantHarindran
RespondentBineethA.D. Chandran
Excerpt:
.....appendix petitioner(s)' exhibits ------------------------------------- exhibit-p1-true copy of the o.p4042010 pending on the file of the family court, kollam. exhibit-p2-true copy of the o.p4052010 before the family court, kollam. exhibit-p3-true copy of the i.a40212013 filed on0312/2013 filed before the family court, kollam, by the petitioner. respondent(s)' exhibits nil --------------------------------------- //true copy// pa to judge rp antony dominic & p.d.rajan, jj.======================== o.p(fc) no. 15 of 2014 =================== dated this the 20th day of january, 2014 judgment antony dominic, j.petitioner and the respondent are husband and wife. he has filed op(hma) no.404/10 pending before the family court, kollam seeking divorce. similarly, op (hma).....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY, THE20H DAY OF JANUARY201430TH POUSHA, 1935 OP (FC).No. 15 of 2014 () -------------------------- AGAINST OP4042010 & 405/10 of FAMILY COURT,KOLLAM PETITIONER(S): -------------------------- HARINDRAN AGED44YEARS, S/O. VENUGOPAL, HARI NIVAS KUNNATHOOR EAST P.O., KUNNATHOOR VILLAGE SASTHAMCOTTA TALUK, KOLLAM DISTRICT. BY ADVS.SRI.S.RAJEEV SRI. K.K. DHEERENDRAKRISHNAN RESPONDENT(S): ---------------------------- BINEETHA.D. CHANDRAN AGED38YEARS, D/O. BALACHANDRAN, CHAITHRAM THEKKEMURI, NEAR C.V.K.M.H.S.S EAST KALLADA KOLLAM- 691 502. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON2001- 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 15 of 2014 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE O.P4042010 PENDING ON THE FILE OF THE FAMILY COURT, KOLLAM. EXHIBIT-P2-TRUE COPY OF THE O.P4052010 BEFORE THE FAMILY COURT, KOLLAM. EXHIBIT-P3-TRUE COPY OF THE I.A40212013 FILED ON0312/2013 FILED BEFORE THE FAMILY COURT, KOLLAM, BY THE PETITIONER. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PA TO JUDGE Rp ANTONY DOMINIC & P.D.RAJAN, JJ.

======================== O.P(FC) No. 15 of 2014 =================== Dated this the 20th day of January, 2014

JUDGMENT

Antony Dominic, J.

Petitioner and the respondent are husband and wife. He has filed OP(HMA) No.404/10 pending before the Family Court, Kollam seeking divorce. Similarly, OP (HMA) No.405/10 filed by the respondent with monetary claims is also pending. The prayer sought in this OP is to direct the Family Court to expedite disposal of these OPs.

2. On the filing of this OP, this Court by order dated 8/1/14 called for a report from the Family Court on the status of the OPs mentioned above. Thereupon, the Family Court submitted report dated 17th of January, 2014, the relevant portion of which reads thus; "OP(HMA) 404/2010 was originally filed as O.P (HMA) 154/2009 for divorce by husband against wife and O.P4052010 was originally filed as OP6922007 by the wife against the husband for realisation of patrimony, value of gold ornaments and value of movables, both before the Family Court, Kottarakkara. Subsequently both cases were got transferred to this court as per order dated 11/03/2010 on Tr.P.(C) No.265/2009 filed by the wife before the Hon'ble High Court. Accordingly both cases OP(FC) No.15/14 :

2. : were re-numbered, joint trial was ordered and evidence was commenced through commissioner since pleadings of the parties have been completed before transfer. O.P.405/2010 was treated as the leading case and examination of the petitioner took several days and it has been completed. In the meanwhile settlement was attempted through mediation and chamber mediation, but no settlement could be arrived at. Thereafter though cases were posted for further evidence, it was being adjourned for one reason or other. While so, petitioner filed interim applications including IA30512013 for return of original title deed of petitioner's property produced by the respondent. That petition has been posted for consideration and orders along with O.Ps. Then the respondent filed IA40212013 for directing the petitioner to continue and complete the evidence within a stipulated time to be fixed by this court. Accordingly direction has been given to the petitioner to continue and complete the evidence through commissioner at the earliest with connected O.P. and both O.Ps are posted for further evidence on 30/01/2014." 3. Reading of the above report does not persuade us to think that the Family Court can be accused of having committed any delay in dealing with the OPs. On the other hand, the Family Court has ordered expeditious completion of the evidence and the case is now posted to 30th of January, 2014 for further evidence. In these circumstances, no positive order as sought for by the petitioner is warranted. But however, we direct that, having OP(FC) No.15/14 :

3. : regard to the nature of the dispute, the Family Court shall ensure that the evidence is completed successfully and the matters are also disposed of accordingly.

4. Petitioner may produce a copy of this judgment before the Family Court, Kollam for information and compliance. OP is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE Sd/- P.D.RAJAN, JUDGE Rp //True Copy// PA TO JUDGE


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