RAGESH MENON Vs. SALINI SREEDHAR

JUDGEMENT

(1.) The petitioner filed O.P.No.737 of 2022 before the Family Court, Tirur seeking a decree of dissolution marriage under Sec. 13(1)(ia) of the Hindu Marriage Act. The petitioner has filed this original petition, invoking the provisions under Article 227 of the Constitution of India, seeking an order directing the Family Court, Tirur to consider Ext.P3, i.e., I.A.No.5 of 2022, along with O.P.No.737 of 2022 and to permit examination of the petitioner herein before the Family Court in that original petition, before 5/12/2022.

(2.) Heard the learned counsel for the petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.

(3.) Today, when this original petition came up for admission, the learned counsel for the petitioner would submit that the petitioner has to leave the country today, since he got employment abroad. It was in such circumstances that the petitioner filed I.A.No.3 of 2022 in O.P.No.737 of 2022 seeking expeditious disposal of that original petition. That was allowed by the Family Court and the original petition was posted on 29/11/2022 for evidence of the parties. By that time, the respondent-wife filed I.A.No.5 of 2022 seeking enhancement of the maintenance amount by Rs.2,00,000.00 to the wife and Rs.1,00,000.00 each to the minor children, in modification of Ext.P2 order dtd. 5/2/2022. The grievance of the petitioner is that on account of the pendency of that interlocutory application, though O.P.No.737 of 2022 is listed today for evidence of the petitioners, the Family Court is likely to adjourn the matter.