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.
Shiju Joy A. v. Nisha [2021 (2) KHC 462]
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
appropriate steps to expedite the matter.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
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
