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Zeenath Kizhakkumpurathu vs Noushad

High Court Of Kerala|07 October, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J.
This original petition is filed by the petitioner seeking for expeditious disposal of O.P.No.1138/2013 within the time limit fixed by this Court. The learned counsel for the petitioner submitted that the petitioner is in the absolute state of penury. It is stated that one of the matters is pending in execution.
2. The report of the learned Family Court Judge, Thiruvananthapuram shows that the case was filed on 25/07/2013, respondent appeared on 8.10.2013 and the case was referred for counselling and report to 23.01.2014. Written statement was filed only on 28/06/2014 and now the case is posted for steps and evidence.
3. Even though the learned counsel for the petitioner submits that as the case is posted for steps and evidence, there can be a direction to dispose of the matter within a time frame, we find from the report that before recording evidence, it is mandatory to refer the matter for mediation, O.P.(FC)No.377/2014 2 for which appearance of both sides is necessary and then only evidence can be recorded. It is stated in the report that usually 3 to 4 months time is needed for completing mediation. The report also shows that more than 5000 cases are pending before the Family Court and average filing per month is below 200 cases. The learned Family Court Judge has suggested that the case can be disposed of by the end of June 2015.
4. The learned counsel for the petitioner submits that the petitioner will co-operate with the mediation steps and other formalities to be completed. In the light of the fact that 3 to 4 months will be taken to complete mediation steps, we direct the Family Court to dispose of the matter finally within three months after completion of the mediation steps. Both parties will co-operate with the same.
The petitioner will produce a certified copy of the judgment before the Family Court.
T.R.RAMACHANDRAN NAIR, JUDGE sv P.V.ASHA, JUDGE
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Title

Zeenath Kizhakkumpurathu vs Noushad

Court

High Court Of Kerala

JudgmentDate
07 October, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • G P Shinod Sri Ram
  • Mohan G
  • Sri Manu V
  • Sri Govind
  • Padmanaabhan