Saji.S vs Samna.S
2021 Latest Caselaw 16050 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                     OP (FC) NO. 381 OF 2021
       OP 2885/2018 OF FAMILY COURT, THIRUVANANTHAPURAM
PETITIONERS:

1         SAJI S, AGED 47 YEARS, S/O SIVANANDA PANICKER,
          TC21/858(1), THRIKKARTHIKA, KEEZHANOOR, KARAMANA
          PO, THIRUVANANTHAPURAM NOW RESIDING AT TC 68/2953,
          SAYIKRIPA, ARA 54A, ANNIKKAVILAKOM ROAD, MANACAUD
          PO, THIRUVANANTHAPURAM 695009

2         BABU R., S/O RAGHUNATHA PANICKER, THIRUVATHIRA,
          PLAVILA, AARALUMOODU P.O., ATHIYANNOOR VILLAGE,
          NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 695123

          BY ADV P.ANOOP (MULAVANA)



RESPONDENT/PETITIONER:

          SAMNA S., AGED 46 YEARS, D/O SUSEELA, TC
          21/858(1), THRIKKARTHIKA, KEEZHANOOR, KARAMANA PO,
          THIRUVANANTHAPURAM 695002



      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
02.08.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.381/2021

                               -:2:-



                         J U D G M E N T

Dated this the 2nd day of August, 2021

A.Muhamed Mustaque,J.

This original petition is filed for expeditious disposal of OP No.2885/2018 on the files of Family

Court, Thiruvananthapuram. A Division Bench of this

Court in Shiju Joy v. Nisha (2021 (2) KLT 607) directed

the parties to approach the Family Court at the first

instance seeking expeditious disposal. It is

appropriate to reproduce the said directions in regard

to early disposal:

"C. ADVANCED HEARING: Family Courts are permitted to depart from the procedure aforenoted on a motion made by a party for early hearing of a case(s) for any justifiable or valid reason. If any party desires to move an application for early hearing, he/she shall move the Family Court at the first instance. The Family Court shall dispose of such application, as expeditiously as possible, at any rate within two weeks from the date of moving such application. It would be open to the Family Court to pass orders on such applications in the chambers. This court need not entertain any original petitions, filed under Article 227 of the Constitution of India, for early disposal of cases, unless the parties move the concerned Family Court at first instance."

O.P.(FC).No.381/2021

2. The Family Courts are bound to follow all the

directions issued by this court while disposing of such

pending matters. We directed the Family Court also to

consider the request of early hearing and pass

appropriate orders if there is any reason for deviating

from the seniority. Otherwise, the Family Court shall dispose of the same in the light of the general

directions issued in the above judgment.

The directions in the above judgment shall be

scrupulously followed in this case as well. The

original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE sd/-

                                             DR. KAUSER EDAPPAGATH
                                                         JUDGE
kp              True copy


                   P.A. To Judge
 O.P.(FC).No.381/2021



                             APPENDIX


PETITIONER'S EXHIBITS:
EXHIBIT P1             TRUE COPY OF THE PETITION NO.OP

2885/2018 PENDING BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM