Ranjithkumar vs Soorya

K. Vinod Chandran, J

Petitioner is before this Court seeking adjournment of the evidence posted on 06.01.2021 before the Family Court, Palakkad. The Original Petitions posted for evidence are three in number; one, an application for divorce filed by the respondent wife, then, a petition filed to set aside two sale deeds which stood in the name of the respondent; which the petitioner claimed was purchased by his hard earned money and third, a counter claim filed by the wife in the petition filed by the petitioner, for dispossessing him from the residential house, which is the subject matter of one of the sale deeds.

Admittedly, even going by the Original Petition, the matter was posted for evidence on 12.11.2020, when Ext.P5 petition along with a medical certificate was filed by the petitioner to remove the case from the list, for reason of he being the bye-stander to his bed ridden father. The Family Court is said to have dismissed the petition, but however, adjourned the matter to 02.12.2020. On 02.12.2020, an application was filed by the petitioner on the ground that this Original Petition is pending before this Court. The Family Court adjourned the matter to 06.01.2021.

Learned Counsel for the petitioner submitted that the petitioner is still attending to his father, and due to the pandemic situation, he is unable to give evidence before the Court, which is said to be carried on in a small court hall. However, on our discrete enquiry, we are told that the petitioner is staying separate from his father and mother. Learned Counsel was specifically asked to verify the said fact, when the matter was taken up in the morning. At 1.45 p.m., when the matter was taken up, learned Counsel on instructions submits that he stays in his residence, separate from his father and mother only because the said residential property is the subject matter of one of the suits and if he vacates the same, he will be dispossessed of the house. In fact, the said submission indicates that the petitioner's father does not need constant attention of the petitioner. We are also of the opinion that there should be some expedition showed in such matters, especially since the Original Petitions are filed in the year 2016. The pandemic situation has set the clock back in the year 2020 and though there is no let up in the situation, life has to go on and so has the affairs of the world to be proceeded with. We do not find any reason to interfere with the posting of the case. Admittedly, the petitioner's father and mother are staying in a house by themselves. Petitioner also is staying within Palakkad district, which is about 12 kms from the Family Court, Palakkad. In such circumstances, we direct the petitioner to appear before the Family Court on 06.01.2021, when the matter is posted for evidence.

The Original Petition is dismissed though the respondent has not appeared. The Registry shall communicate the order to the Family Court Palakkad before 06.01.2021.