Rajendran vs Jancy
2022 Latest Caselaw 10993 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 3RD DAY OF NOVEMBER 2022/12TH KARTHIKA,1944
                 OP (FC) NO. 618 OF 2022
SPEEDY DISPOSAL OF G.O.P.NO.1272 OF 2021 AND I.A.NO.7136
   OF 2022 IN G.O.P.NO.1272 OF 2021 ON THE FILE OF THE
                 FAMILY COURT, ERNAKULAM
PETITIONER:

         RAJENDRAN
         AGED 50 YEARS, S/O CHANDRAN,
         VALIYAPARAMBIL HOUSE, PUTHANVELIKKARA PO,
         ERNAKULAM, PIN - 683594.
         BY ADVS.
         C.K.RAPHEEQUE
         SHINOJ.K.N
         K.B.NIDHINKUMAR


RESPONDENT:

         JANCY
         AGED 41 YEARS, D/O JAYAPRAKASH,
         KALLUMADATHIL HOUSE,
         NAYARAMBALAM VILLAGE, ERNAKULAM,
         PIN - 682503.



     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     2
O.P.(FC) No.618 of 2022


                             JUDGMENT

Ajithkumar, J.

This Original Petition is filed invoking the supervisory

jurisdiction of this Court under Article 227 of the

Constitution of India by the petitioner in G.O.P.No.1272 of

2021 on the file of the Family Court, Ernakulam, seeking a

direction to the Family Court to hear and dispose of

G.O.P.No.1272 of 2021 and also I.A.No.7136 of 2022 filed

in that original petition within a time frame fixed by this

Court.

2. Heard the learned counsel appearing for the

petitioner. Considering the nature of relief proposed to be

granted, service of notice on the respondent is dispensed

with.

3. The marriage between the petitioner and the

respondent was solemnised on 16.03.2002. They have two

children. Elder son attained majority. Younger daughter is

now aged 16 years. The petitioner filed G.O.P.No.1272 of

2021 seeking an order appointing him as the guardian of

O.P.(FC) No.618 of 2022

the younger daughter, namely, Neha V.Rajendran. The

contention of the petitioner is that the respondent-mother

has not been taking necessary steps so as to ensure the

welfare of the daughter. On account of the laches and

inaction on the part of the respondent, the minor is not

getting proper education. In the said circumstances, he filed

G.O.P.No.1272 of 2021.

4. The grievance of the petitioner is that despite his

filing I.A.No.7136 of 2022, Ext.P2, requesting speedy

disposal of G.O.P.No.1272 of 2021, the Family Court,

Ernakulam has not taken any steps to dispose of the same.

We are of the view that when such a petition is filed, the

Family Court is expected to take a decision on that matter

expeditiously. This Court in Shiju Joy A. v. Nisha [2021

(2) KHC 462], has issued various directions, including to

consider applications for speedy disposal of the cases

pending before the Family Courts expeditiously.

In the said circumstances, we deem it appropriate to

O.P.(FC) No.618 of 2022

direct the Family Court to dispose of I.A.No.7136 of 2022 in

G.O.P.No.1272 of 2021 within a period of two weeks from

the date of production of a certified copy of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(FC) No.618 of 2022

APPENDIX OF OP (FC) 618/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GOP 1272 OF 2021 ALONG WITH IA NO. 2558 FILED BEFORE THE FAMILY COURT, ERNAKULAM EXHIBIT P2 THE TRUE COPY OF THE INTERIM APPLICATION I.A NO 7136/2022 IN GOP 1272/2021 DATED 14-10-2022