High CourtsDivision Bench(2021) 01 KL CK 0154

M.V. Deepak Nair vs Sasirekha

High Court Of Kerala · Decided on 5 January 2021

HON’BLE JUDGES
K. Vinod Chandran, J · M.R. Anitha, J
RESULT
Dismissed
CASE NUMBER
Original Petition (FC) No. 498 Of 2020

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Judgment

3 paragraphs · 218 words

Vinod Chandran, J

The above application is filed seeking early disposal of the petition filed before the Family Court, Ernakulam. Since the matter was of the year 2015, we sought a report from the Family Court, Ernakulam. The Family Court has today, forwarded a report saying that the original petition was filed by the husband, the petitioner herein for divorce. The wife had also filed maintenance case numbered as MC No. 465/2017. The Original petition was dismissed for default on 06.09.2016 and was restored on 07.12.2017. PW1 is also seen examined and Exts.A1 to A15 are marked. The case stood posted on 12.06.2020 and on successive hearing dates, there is no representation on behalf of either parties till 28.09.2020; is the categoric statement made by the Family Court. The case stood posted to today awaiting the report of the Commissioner along with the deposition of the parties. We specifically asked the Counsel as to who is the Advocate appearing for the petitioner before the Family Court Ernakulam. It was submitted that an Advocate from Pathanamthitta is appearing for the petitioner. We find this original petition to be a clear abuse of process of Court. We find absolutely no reason to entertain the OP(FC) and dismiss the same.

Registry to communicate the judgment immediately to the Family Court Ernakulam.