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2019 Supreme(Online)(KER) 43776

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE K.HARILAL

&

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941

OP (FC).No.466 of 2019

PETITIONER/PETITIONER/RESPONDENT/RESPONDENT:

DILEESH VISWANATH,

AGED 35 YEARS,

S/O.LATE THOPPIL VISWANATHAN,

RESIDING AT VISWA SOBHA,

T.C.78/1208, PALLIMUKKU,

PETTAH, THIRUVANANTHAPURAM - 695 024.

BY ADV. SMT.MAJIDA.S

RESPONDENT/RESPONDENT/PETITIONER/PETITIONER:

CHAITHANYA P.T.,

AGED 39, D/O.RAMESH,

RESIDING AT SURYA,

PALLIKUNNU P.O.,

KANNUR DISTRICT - 670 004.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 19.07.2019,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No.466 of 2019

2

Harilal, J

The petitioner herein is the petitioner in

O.P.No.266/2018 and the respondent in

O.P.No.1046/2017 and M.C.No.416/2017 pending

before the Family Court, Kannur. According to

the petitioner initially O.P.No.266/2018 was filed

before the Family Court, Thiruvananthapuram in

the year 2017 as O.P.No.1430/2017 and,

subsequently, the same was transferred to

Family Court, Kannur at the instance of the

respondent herein. Consequent on that, the

respondent has filed the other O.P. and M.C

seeking the relief of past and future

maintenance before the Family Court, Kannur.

3

The grievance of the petitioner is that the

petitioner, who is working abroad, is taking

great pain, to contest the cases, travelling long

distance from Thiruvananthpuram to Kannur.

Now the pleadings are over and all the cases are

ripe for trial. The delay in disposal of the case

would cause great hardship and difficulties to

him. Therefore, the petitioner sought for a

direction to the Family Court, Kannur to dispose

the aforesaid original petition and MC within a

time frame.

2. Heard the learned counsel for the petitioner.

3. Having regard to the fact that initially

O.P.No.266/2018 was filed in the year 2017

4

before the Family Court, Thiruvananthapuram

and that the petitioner has to travel a long

distance to contest the cases and that more than

2 years have elapsed, after filing the said original

petitions and MC, the Family Court, Kannur is

hereby directed to dispose the aforesaid original

petitions and MC within a period of six months

from today.

Sd/-

K.HARILAL, JUDGE

sd/-

ANNIE JOHN, JUDGE

AMV/22/07/2019

5

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE O.P.NO.266/2018

DATED 21/7/2017 PENDING BEFORE THE

FAMILY COURT, KANNUR.

EXHIBIT P2

TRUE COPY OF THE O.P.NO.1046/2017

DATED 30/10/2017 PENDING BEFORE THE

FAMILY COURT, KANNUR.

EXHIBIT P3

TRUE COPY OF THE M.C.NO.416/2017

DATED 30/10/2017 PENDING BEFORE THE

FAMILY COURT, KANNUR.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE

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