Kerala High Court

OP (FC)/4503/2012 of MOORTHY Vs ANITHA S. RAJ on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 OP (FC).No. 4503 of 2012 (R) ---------------------------- OP(HMA) NO.616/2011 OF FAMILY COURT, KOLLAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &

THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

OP (FC).No. 4503 of 2012 (R)

----------------------------

OP(HMA) NO.616/2011 OF FAMILY COURT, KOLLAM

PETITIONER(S):-------------

MOORTHY, AGED 28 YEARS S/O. RA. RANGANATHA REDDIAR, SAVITHRI NIVAS BABUJI NAGAR-83, ASHRAMAM WEST .P.O.

S/O. RA. RANGANATHA REDDIAR, SAVITHRI NIVAS BABUJI NAGAR-83, ASHRAMAM WEST .P.O. KOLLAM DISTRICT.

BY ADVS.SRI.ALAN PAPALI SMT.O.V.BINDU SRI.J.VIMAL

RESPONDENT(S):

--------------

ANITHA S. RAJ D/O. SUGUNAPATHY JEEVARATNA VRINDAVAN GARDEDNS THIRUMULLAVARAM.P.O. KOLLAM WEST-PIN-691001.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BKA

APPENDIX

PETITIONER'(S) EXHIBITS:

EXT.P1

COPY OF THE PETITION FILED BY THE PETITIONER AGAINST THE RESPONDENT FOR DIVORCE UNDER THE HINDU MARRIAGE ACT AS OP (HMA) NO.616/2011 ON THE FILE OF THE FAMILY COURT, KOLLAM, DATED 24.05.2011.

RESPONDENT'(S) EXHIBITS:NIL

//TRUE COPY//

PA TO JUDGE

BKA

PIUS C. KURIAKOSE&

BABU MATHEW P. JOSEPH, JJ.

------------------------------------------ OP (FC) No. 4503 of 2012

------------------------------------------ Dated this the 31[st] day of December, 2012

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J U D G M E N T

Pius C. Kuriakose, J.

On considering the above original petition, wherein thepetitioner, who is the husband of the respondent, seeks adirection to the Family Court, Kollam, to dispose of OP(HMA) No.616/2011 early, we directed the Registrar(Judicial) to contact the Family Court immediately and tosubmit a report. Accordingly, the Registrar (Judicial) hassubmitted the following report; “As directed, contacted the Family Court, Kollam.The learned Judge informed that OP(HMA) 616/2011 fordivorce filed by husband is connected with OP 171/2012filed by the wife for gold and money and at the instanceof the parties, they are referred to mediation. The casesstand posted to 28.01.2013 for mediation report. Ifmediation succeeds, the cases can be disposed of as soonas the report is received. If mediation fails, pre-trialsteps have to be taken in both the cases and joint trialconducted. According to the learned Judge, a period of 6months from 23.01.2013 would be required for disposalof the two cases, in case of failure of mediation.”

OP (FC) No. 4503 of 2012

..2..

Considering the above report, we dispose of thisoriginal petition directing the learned Presiding Officer ofthe Family Court to dispose of OP(HMA) No.616/2011 aswell as OP No.171/2012, if the mediation presentlyattempted becomes unsuccessful, within four months offailure report being submitted by the mediator concerned.

Sd/-PIUS C. KURIAKOSE,JUDGE.

Sd/- BABU MATHEW P. JOSEPH,JUDGE.

bka/-

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