The Kerala High Court has observed that an application seeking 'time-bound' disposal of a matter cannot be dismissed without fixing a 'time frame' for the same.

The division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar took exception to one Family Court order wherein it disposed of such an application passing an order that the case “will be disposed of at the earliest”.

The Court remarked that if the applicant has provided a valid or justifiable reason, the court is bound to order disposal in a specific time limit.

“… if the applicant has stated any justifiable or valid reason for early hearing or time bound disposal, the Family Court has to pass an order in that interlocutory application ordering early hearing or time-bound disposal of that case or cases, specifying the time limit in that order", the court observed.

In the case in hand, the petitioner-wife had filed a petition before the family court in in 2018 under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955, against the respondent-husband for dissolution of their marriage.

Thereafter, in 2022, the petitioner-wife filed an interlocutory application for time-bound disposal of the original petition which the Family Court allowed with an observation that the said petition be disposed of 'at earliest'.

The vague order wasn't much to the satisfaction of the wife who then approached the High Court under Article 227 seeking fixation of a time frame for disposal of the original petition.

The Court asserted that Family Courts must strictly follow normative and procedural outlines to ensure timely justice and remarked that the vague nature of the impugned order is a clear indication of defiance of guidelines issued in Shiju Joy v. Nisha.(supra)

The Court thus observed that Family Court erred in not fixing a time limit for disposal of the original petition.

"A motion made by a party for an early hearing or time-bound disposal of a case or cases for any justifiable or valid reason has to be dealt with appropriately by the Family Court, by passing an order for early hearing or time-bound disposal of that case or cases. In case the applicant has not stated any justifiable or valid reason for early hearing or time-bound disposal, the Family Court has to dismiss that application, stating a brief reason.”

The Court went on to direct the Family Court to dispose of the original petition before it as expeditiously as possible and at the very least within three months.

 

 

 

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