Jini Mary Thomas vs Shibin Mathew
2021 Latest Caselaw 16714 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                   OP (FC) NO. 407 OF 2021
        OP 1228/2019 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER/PETITIONER:

          JINI MARY THOMAS
          AGED 25 YEARS
          S/O BIJI THOMAS,
          BIJU BHAVANAM,
          KAIPPUZHA NORTH P.O,
          KULANADA VILLAGE,
          KOZHENCHERRI TALUK, PATHANAMTHITTA DISTRICT-
          689641.

          BY ADV P.ANOOP (MULAVANA)



RESPONDENTS/RESPONDENTS:

    1     SHIBIN MATHEW
          S/O P.S.BABY, KUZHIYIL HOUSE, NALLANIKKUNNU MURI,
          ELAVUMTHITTA P.O,
          CHENNEERKKARA VILLAGE, KOZHENCHERRY,
          PATHANAMTHITTA DISTRICT-689641.

    2     P.S.BABY
          KUZHIYIL HOUSE,
          NALLANIKKUNNU MURI,
          ELAVUMTHITTA P.O,
          CHENNEERKKARA VILLAGE, KOZHENCHERRY,
          PATHANAMTHITTA DISTRICT-689641.
 O.P.(FC).No.407/2021

                                -:2:-

    3      ANNAMMA BABY
           KUZHIYIL HOUSE,
           NALLANIKKUNNU MURI,
           ELAVUMTHITTA P.O,
           CHENNEERKKARA VILLAGE, KOZHENCHERRY,
           PATHANAMTHITTA DISTRICT-689641.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.08.2021,   THE      COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.407/2021

                                       -:3:-



                                 JUDGMENT

Dated this the 11th day of August, 2021

A.Muhamed Mustaque, J.

This original petition is filed seeking expeditious disposal of

O.P.No.1228/2019 pending before the Family Court, Pathanamthitta. A

Division Bench of this Court in [Shiju Joy v. Nisha (2021 (2) KLT 607)] had

given necessary guidelines for disposal of such pending matters before the

Family Court. The Division Bench had also directed the litigants to move

the Family Court at the 1st instance for advance hearing. It is appropriate

to reproduce the said directions as follows:

"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 O.P.(FC).No.407/2021

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."

2. It is appropriate that the Registrar (District Judiciary) shall

issue office memorandum to all Family Courts to take up the advance

hearing petitions as directed by this Court in the Division Bench judgment

and dispose of the same. We need not entertain any original petition for

expeditious disposal, without the parties moving the Family Court at the

first instance. If any application is filed for advance hearing that shall be

taken up by the Family Court as directed by this Court in the above

judgment.

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.407/2021

APPENDIX OF OP (FC) 407/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITION NO OP 1228/2019 PENDING BEFORE THE FAMILY COURT, PATHANAMTHITTA.