High Court of KeralaDivision BenchDisposed of (with directions to the Family Cour...

Neethu I.S. v. Sajesh Babu B.

Case / Petition Number:OP (FC) Nos. 173/2022, 180/2022, 181/2022, 182/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
  • Sophy Thomas Friday
Judgment Date
2022-05-27
Court Decision / Holding
These original petitions are disposed of as above. The High Court leaves it to the Nedumangad Family Court to consider the request for early disposal of the cases and to pass orders in accordance with the directions in Shiju Joy v. Nisha (2021 (2) KLT 607). The order notes that joint trial was allowed and directs the Family Court to proceed with the matter accordingly, ensuring timely resolution consistent with the cited Division Bench precedent.
Final Disposition
Disposed of (with directions to the Family Court to consider early disposal in accordance with Shiju Joy v. Nisha)

Parties to the Case

Appellants / Petitioners

  • NEETHU I.S.
  • INDIRA

Respondents

  • SAJESH BABU B.

Legal Representation & Advocates

Counsels for Petitioners

  • • V.H. Jasmine Jeswin
  • • P. Varghese
  • • R. Susha
  • • Reethu Jacob

Counsels for Respondents

  • • Sajesh Babu B.

Case Synopsis & Summary

Four connected Original Petitions (OP (FC) Nos. 173/2022, 180/2022, 181/2022, 182/2022) are before the Kerala High Court at Ernakulam from the Nedumangad Family Court. The petitions, filed by Neethu I.S. and, in 180/2022, Indira, challenge orders of the Family Court Nedumangad and seek early disposal of their matrimonial matters pending before the Family Court. The matter was admitted on 27 May 2022 along with connected cases, and the High Court requested remarks from the Presiding Officer. The Presiding Officer reported that a joint trial was allowed on 20 April 2022; however, there is no explicit record on whether the early hearing petition has been allowed or rejected. The High Court, noting the absence of a conclusive finding on early disposal, disposed of the petitions by leaving the issue to the Family Court and directed that the Family Court decide the early disposal petition in accordance with the Division Bench judgment of this Court in Shiju Joy v. Nisha (2021 (2) KLT 607). The judgments emphasize timely resolution and direct the Family Court Nedumangad to proceed in conformity with the cited precedent. The order also records that the joint trial has been permissible and that the Family Court should pass appropriate orders on the early hearing petition in line with the cited Division Bench ruling, thereby ensuring acceleration of the proceedings while preserving due process for the parties.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants/petitioners moved for early disposal of their family matters before the Nedumangad Family Court and sought expeditious resolution of OP (FC) Nos. 173/2022, 180/2022, 181/2022 and 182/2022, asserting the need for timely adjudication of matrimonial disputes and related reliefs. They relied on the Division Bench guidance in Shiju Joy v. Nisha (2021 (2) KLT 607) to urge directions for early hearing and final disposal of the cases.

Contentions of Respondents

The respondent’s precise pleadings are not elaborated in the order. The Presiding Officer’s remarks indicate that a joint trial was permitted on 20 April 2022, but no explicit decision regarding the early disposal petition is recorded in the order. The High Court has thus directed the Family Court to consider the early disposal petition and pass orders consistent with the cited precedent, leaving the resolution to the Family Court’s assessment and proceedings.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Shiju Joy v. Nisha2021 (2) KLT 607PositiveCited as the basis for directing the Family Court to consider early disposal; the High Court explicitly refers to Shiju Joy v. Nisha for guidance and directs compliance with its directions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 27[TH] DAY OF MAY 2022 / 6TH JYAISHTA, 1944** **OP (FC) NO. 173 OF 2022** **AGAINST THE ORDER/JUDGMENT IN OP 729/2019 OF FAMILY COURT,** **NEDUMANGAD** ## **PETITIONER/S:** **NEETHU I.S, AGED 35 YEARS, D/O K. INDIRA, UTHRAM, IDAVAL, OTTASEKHARAMANGALAM, KEEZAZOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM., PIN – 628526.** **BY ADVS. V.H.JASMINE JESWIN P.VARGHESE R.SUSHA REETHU JACOB** ## **RESPONDENT/S:** **SAJESH BABU B, AGED 45 YEARS, S/O T.A.BALAKRISHNAN, THARAKAN PARAMBIL HOUSE, ARAKKULAM P.O, ARAKKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI, PIN – 685595.** **THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.05.2022, ALONG WITH OP (FC).180/2022, 181/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(FC) No.173/2022 & conn.cases 2 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **FRIDAY, THE 27[TH] DAY OF MAY 2022 / 6TH JYAISHTA, 1944** **OP (FC) NO. 180 OF 2022** **AGAINST THE ORDER/JUDGMENT IN OP 1515/2019 OF FAMILY COURT,** **NEDUMANGAD** ## **PETITIONER/S:** 1 **NEETHU I.S., AGED 35 YEARS, D/O. INDIRA, UTHRAM, IDAVAL, OTTASEKHARAMANGALAM, KEEZAROOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM., PIN – 628526.** 2 **INDIRA, AGED 65 YEARS, W/O.SASIDHARAN, UTHRAM, IDAVAL, OTTASEKHARAMANGALAM, KEEZAROOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM., PIN – 628526.** **BY ADVS. V.H.JASMINE JESWIN P.VARGHESE R.SUSHA REETHU JACOB** ## **RESPONDENT/S:** **SAJESH BABU B., AGED 45 YEARS, S/O T.A BALAKRISHNAN, THARAKAN PARAMBIL HOUSE, ARAKKULAM P.O, ARAKKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI., PIN – 685595.** **THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.05.2022, ALONG WITH OP (FC).173/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(FC) No.173/2022 & conn.cases 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 27[TH] DAY OF MAY 2022 / 6TH JYAISHTA, 1944 OP (FC) NO. 181 OF 2022** **AGAINST THE ORDER/JUDGMENT IN OP 405/2021 OF FAMILY COURT,** ## **NEDUMANGAD** ## **PETITIONER/S:** N **EETHU I.S., AGED 35 YEARS, S/O K. INDIRA, UTHRAM, IDAVAL, OTTASEKHARAMANGALAM, KEEZAROOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANATHAPURAM DISTRICT, PIN – 628526.** **BY ADVS. V.H.JASMINE JESWIN P.VARGHESE REETHU JACOB R.SUSHA** ## **RESPONDENT/S:** **SAJESH BABU B., AGED 45 YEARS, S/O T. A.BALAKRISHNAN, THARAKAN PARAMBIL HOUSE, ARAKKULAM P.O, ARAKKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN – 685595.** **THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.05.2022, ALONG WITH OP (FC).173/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(FC) No.173/2022 & conn.cases 4 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 27[TH] DAY OF MAY 2022 / 6TH JYAISHTA, 1944 OP (FC) NO. 182 OF 2022** **AGAINST THE ORDER/JUDGMENT IN OP 953/2020 OF FAMILY COURT,** ## **NEDUMANGAD** **PETITIONER/S:** **NEETHU I.S., AGED 35 YEARS, D/O.K.INDIRA, UTHRAM, IDAVAL, OTTASEKHARAMANGALAM, KEEZAROOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN - 628526** **BY ADVS. V.H.JASMINE JESWIN P.VARGHESE R.SUSHA REETHU JACOB** ## **RESPONDENT/S:** **SAJESH BABU B., AGED 45 YEARS. S/O. T.A. BALAKRISHNAN, THARAKAN PARAMBIL HOUSE, ARAKKULAM P.O, ARAKKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI, PIN - 685595** **THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.05.2022, ALONG WITH OP (FC).173/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(FC) No.173/2022 & conn.cases 5 ## **JUDGMENT** **[OP (FC) Nos.173/2022, 180/2022, 181/2022, 182/2022]** ## **A.Muhamed Mustaque, J** . These matters are between the same parties. The cases are pending before the Family Court, Nedumangad. The petitioner moved the application for early disposal. That has not been considered. Accordingly, the petitioner is before us. We called for remarks from the learned Presiding Officer. The learned Presiding Officer reported that joint trial of the case was allowed on 20/4/2022. However, nothing has been stated about whether the early hearing petition has been allowed for the conclusion of the proceedings. Anyway, we leave the matter to the Family Court. It is for the Family Court to consider the request for early disposal of the cases. We also expect the Family Court to pass orders on the early hearing petition in OP(FC) No.173/2022 & conn.cases 6 accordance with the directions in the Division Bench judgment of this Court in _**Shiju Joy v. Nisha [2021 (2) KLT 607].**_ These original petitions are disposed of as above. **Sd/A.MUHAMED MUSTAQUE, JUDGE** **Sd/SOPHY THOMAS, JUDGE** ln OP(FC) No.173/2022 & conn.cases 7 ## **APPENDIX OF OP (FC) 180/2022** **PETITIONER'S EXHIBITS Exhibit-P1 THE TRUE COPY OF THE PETITION IN O.P.NO.1515/2019 ON THE FILES OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT DATED 19.12.2019. Exhibit-P2 THE TRUE COPY OF I.A.NO.1/2022 IN O.P.NO.1515/2019 ON THE FILES OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT DATED 10.03.2022.** OP(FC) No.173/2022 & conn.cases 8 ## **APPENDIX OF OP (FC) 181/2022** **PETITIONER'S EXHIBITS:** **Exhibit P1 TRUE COPY OF THE OP.NO. 405/2021 BEFORE THE FAMILY COURT NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. DATED 26.03.2021. Exhibit P2 TRUE COPY OF THE IA NO. 1/2022 IN OP. NO. 405/2021 FILED BEFORE THE FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT DATED 10.03.2022.** OP(FC) No.173/2022 & conn.cases 9 ## **APPENDIX OF OP (FC) 182/2022** ## **PETITIONER'S EXHIBITS:** **Exhibit P1** **TRUE COPY OF THE O.P.NO.953/2020 DATED 12.10.2020 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.** ## **Exhibit P2** **TRUE COPY OF I.A.NO.2/2022 IN O.P.NO.953/2020 DATED 10.03.2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.** OP(FC) No.173/2022 & conn.cases 10 ## **APPENDIX OF OP (FC) 173/2022** **PETITIONER'S EXHIBITS:** **Exhibit-P1 TRUE COPY OF THE O.P.NO.729/2019 DATED 19.06.2019 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.** **Exhibit-P2 TRUE COPY OF I.A.NO.2/2022 IN O.P.NO.729/2019 DATED 10.03.2022 ON THE FILE OF FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.**