Kerala High Court
Rupak R vs Lakshmi V Pillai on 12 April, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP (FC) NO. 263 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.255 OF 2022 OF
FAMILY COURT,ERNAKULAM
PETITIONER/S:
RUPAK R, AGED 34 YEARS
SOUBHAGYA, SWAMIPADI ELAMAKKARA, KOCHI, PIN - 682026
BY ADVS.
SANTHOSH PETER (MAMALAYIL)
P.N.ANOOP
M.S.SANDEEP SUDHAKARAN
SINDHUMOL C.R.
RAJAN JACOB MUNDACKAL
RESPONDENT/S:
LAKSHMI V PILLAI, AGED 25 YEARS
ARACKAL, KARUKACHAL PO, KOTTAYAM DISTRICT.,
PIN - 686540
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(F.C) No.263 of 2024
JUDGMENT
P.M.Manoj, J.
The above Original Petition is preferred by the petitioner in O.P No. 255 of 2022 before the Family Court Ernakulam, for divorce. The respondent herein is the respondent in the above O.P No. 255 of 2022.
2. Sri.Santhosh Peter appearing for the petitioner submitted that though the matter was posted before the CMO on many occasions, the respondent has chosen to appear either in person or through counsel. Under such circumstances, the petitioner is stated to have preferred Exhibit P3 application numbered as IA No.1 of 2023 for expeditious disposal of the original petition. No objection has been preferred by the petitioner till date though a copy of the application was served on her. It is in the above backdrop that this this petition is filed seeking issuance of directions to consider Ext.P3 application in light of the law laid down in Shiju Joy1.
1
Shiju Joy A. v. Nisha [2021 (2) KHC 462] 3 OP(F.C) No.263 of 2024
3. In Shiju Joy (supra), this Court while issuing guidelines for prompt and expeditious consideration of matters pending before the Family Courts in the State had formulated guidelines. It was observed therein that merely because a litigant has reasons or the resources to approach this Court for speedy justice, the same cannot be at the peril of those adhering to the queue. It was also observed that the ritualistic passing of directions for speedy disposal of proceedings is doing more harm than good to the system because contested and deserving cases are being left unattended and the procedure framed by the Family Courts for disposal of cases is getting unsettled. Untimely interventions are clogging the system. In that view of the matter, the only relief that can be granted to the petitioner is to consider the application filed by her in the light of observations in Shiju Joy (supra).
4. Having considered the facts and circumstances and the submissions advanced, this Original Petition is disposed of directing the Family Court, Ernakulam to consider the prayers in I.A No.1 of 2023 in the light of the observations in Shiju Joy (supra), and initiate 4 OP(F.C) No.263 of 2024 appropriate steps to expedite the matter.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE sd/-
P.M.MANOJ JUDGE das 5 OP(F.C) No.263 of 2024 APPENDIX OF OP (FC) 263/2024 PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF THE OP.NO.255/2022 OF FAMILY COURT ERNAKULAM Exhibit 2 TRUE COPY OF THE I.A.NO.01/2023 IN O.P.NO.255/2022 BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM Exhibit 3 CERTIFIED COPY OF THE B DIARY PROCEEDINGS OF FAMILY COURT, ERNAKULAM IN OP.NO.255/2022