Kerala High Court
Arun Kumar N R vs Veena M on 31 May, 2024
Author: 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 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
OP (FC) NO. 354 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPHMA NO.1570 OF 2019
OF FAMILY COURT, ATTINGAL
PETITIONER/S:
ARUN KUMAR N R, AGED 34 YEARS
S/O N.G REVI,NELLIPARAMBIL HOUSE, SANKARAPURAM ROAD,
MULAMKUNNATHUKAVU P.O, THRISSUR, PIN - 680581
BY ADVS.
R.SANTHOSH (VARKALA)
MUKESH KUMAR G.
YAYATHI VIJAYAN
ADWAITH SUSEEL
RESPONDENT/S:
VEENA M, AGED 34 YEARS
D/O MANGALAN,KAIPALLY SAROJA MANDIRAM,
CHEKKALAVILAKAM, KADAKKAVOOR, PIN - 695309
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(F.C)No.354 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the respondent in O.P.No.1570 of 2019 on
the file of the Family Court, Attingal. The aforesaid petition was filed by
the respondent seeking a decree of dissolution of marriage.
2. The petitioner states that though the aforesaid petition was
filed in the year 2019, for one reason or the other, the case has not been
disposed of so far. He states that he had filed Ext.P3 application seeking
expeditious disposal. However, no orders have been passed. It is in the
above backdrop that this petition is filed seeking issuance of directions
to consider Ext.P3 application and take the matter to its logical
conclusion at the earliest.
3. We have heard R.Santhosh, the learned counsel appearing
for the petitioner. We find that Ext.P3 application has been pending since
07.02.2024.
4. The learned counsel submits that the petitioner would be
satisfied if the Family Court is directed to consider the application in light
of the law laid down in Shiju Joy1.
4. In Shiju Joy (supra), this Court while issuing directions 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 direct the Family Court to consider the
application filed by her in the light of observations in Shiju Joy (supra).
5. In that view of the matter, this Original Petition is disposed
Shiju Joy A. v. Nisha [2021 (2) KHC 462]
of directing the Family Court, Attingal to consider the prayers in I.A No.2
of 2024 in the light of the observations in Shiju Joy (supra), and initiate
appropriate steps.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
APPENDIX OF OP (FC) 354/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORIGINAL PETITION IN OP
NO: 1570/2019 ON THE FILES OF THE HON'BLE
FAMILY COURT, ATTINGAL
Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE RESPONDENT HEREIN
Exhibit P3 THE TRUE COPY OF THE I.A. NO: 2/2024 IN OP
NO: 1570/2019 ON THE FILES OF THE HON'BLE
FAMILY COURT, ATTINGAL
