IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

&

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937

OP (FC).No. 267 of 2015 ()

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IN OP 209/2015 of FAMILY COURT, ALAPPUZHA

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PETITIONER(S):

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ANEESHA, AGED 31 YEARS

W/O.NAVAS, FAJARUL BAIT (KOTH PARAMBU)

SANATHANAM WARD, ALLEPPEY FROM SALIM MANZIL

VALIAMARAM WARD, ALLEPPEY

BY ADV. SRI.ANIL KUMAR M.SIVARAMAN

RESPONDENT(S):

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NAVAS, AGED 43 YEARS,

S/O.HASSAN KOYA, PULIMOOTTIL, NAJEENA MANZIL

ZAKKARIA WARD, ALLEPPEY 1

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON

22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VS

OP (FC).No. 267 of 2015 ()

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APPENDIX

PETITIONER(S)' EXHIBITS

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EXT.P1 :

TRUE COPY OF THE AGREEMENT ENFERED INTO BETWEEN

THE PARTIES BEFORE THE MEDIATION

EXT.P2 :

TRUE COPY OF THE OP.209/2015 FOR RESTITUION OF

CONJUGAL RIGHTS FILED BY THE PETITIONER BEFORE THE

FAMILY COURT, ALAPPUZHA

RESPONDENT(S)' EXHIBITS

NIL

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/TRUE COPY/

PA TO JUDGE

VS

C.K.ABDUL REHIM &

K.RAMAKRISHNAN, JJ

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O.P.(FC).No.267 of 2015

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Dated this the 22^nd day of June, 2015

JUDGMENT

K.RAMAKRISHNAN, J

This is an application filed by the petitioner

seeking interference of this Court under Article 227 of the

Constitution of India, for speedy disposal of

O.P.No.209/2015 pending before the Family Court,

Alappuzha.

2. It is alleged in this petition that the petitioner

and the respondent are man and wife. There were certain

disputes between them earlier and several cases have

been filed and those cases have been settled as per

Ext.P1 compromise petition. Contrary to the compromise,

the respondent pronounced 'Thalaque' without following

the procedure. So the petitioner filed O.P.209/2015 before

the Family Court, Alappuzha for restitution of conjugal

rights. But that case is being adjourned without any

lawful reason. So the petitioner has no other remedy

O.P.(FC).No.267 of 2015

2

except to approach this Court seeking the following

reliefs.

(i) Issue an order directing the Hon'ble Family Court,

Alappuzha to expedite the proceedings in

O.P.No.209/2015 and decide the same on merits by

fixing a reasonable time.

(ii) Grant such other orders as justice may deem fit

and proper under the circumstances of the case.

3. Heard the learned counsel for the petitioner.

4. The only ground alleged in the petition was

that the respondent had violated the terms of Ext.P1

agreement and pronounced 'Thalaque' which prompted

her to file the petition for restitution of conjugal rights

before the Family Court, Alappuzha. The case is of the

year 2015. There may be number of older cases than this

case will be pending before that court. The petitioner has

no case that she had filed the petition for early disposal,

stating the reasons for the same before the Family Court,

as well. So without approaching that court for that

purpose and coming to this Court, for a direction of early

disposal cannot be encouraged. So the petition disposed

of, with liberty to the petitioner to move the Family Court,

O.P.(FC).No.267 of 2015

3

Alappuzha itself, seeking early disposal of the case,

stating the urgency for the same and if such an

application is filed, the Family Court directed to consider

and pass appropriate orders in that application, in

accordance with law.

With the above directions and observations, the

petition is dismissed. Office is directed to communicate

this order to the concern court immediately.

Sd/-

C.K.ABDUL REHIM, JUDGE

Sd/-