Anju Thomas vs Danish M.Thomas

P.G. Ajithkumar, J

The 1st petitioner in O.P.(Divorce) No.201 of 2023 on the file of the Family Court, Pathanamthitta has filed this Original Petition under Article 227 of the Constitution of India seeking to set aside Ext.P6 and to direct the Family Court, Pathanamthitta to dispose of the said O.P. within a time frame fixed by this Court.

Considering the nature of relief proposed to be granted in this Original Petition, service of notice on the respondent is dispensed with.

Heard  the  learned  counsel  appearing  for  the petitioner.

Marriage of the petitioner and the respondent was solemnised on 02.06.2018. It is contended that they have been living separately since 07.06.2018. The dispute in their marital relationship continued and therefore they mutually decided to dissolve their marriage. All disputes in relation to their matrimonial relationship have been settled and a compromise agreement was entered into between them on 30.01.2023. In terms of the said agreement, they jointly filed O.P.(Divorce) No.201 of 2023 before the Family Court, Pathanamthitta seeking a decree of divorce under Section 10A of the Divorce Act, 1869. The grievance of the petitioner is that the application she filed before the Family Court as I.A.No.2 of 2023 pointing out the urgency in the matter since she has to leave for San Francisco in U.S.A., where she is working, the Family Court dismissed the petition as per Ext.P6 order.

The petitioner along with the respondent had filed O.P.(Divorce) No.201 of 2023. They filed I.A.No.2 of 2023 pointing out the urgency. The Family Court dismissed I.A.No.2 of 2023 as per Ext.P6, which is a one-word order ‘Dismissed’. It is seen that the petitioner has brought to the notice of the Family Court her urgency of reaching U.S.A. It is also seen stated in I.A.No.2 of 2023 that she could not come back to India during the next two years.

Considering the above facts and circumstances, we are of the view that the Family Court should have take a decision on I.A.No.2 of 2023 considering the urgency pointed out. Ext.P6 by which I.A.No.2 of 2023 was dismissed does not contain any reason and therefore it is unsustainable in law. The averments in the affidavit filed in support of I.A.No.2 of 2023 certainly establish the urgency in considering O.P. (Divorce) No.201 of 2023.

In the said circumstances, we set aside Ext.P6 order dated 28.02.2023. The Family Court, Pathanamthitta is directed to advance the hearing of O.P.(Divorce) No.201 of 2023 to 17.03.2023 and take necessary action in accordance with law, keeping in mind the urgency pointed out by the petitioner.

Registry to communicate a copy of this judgment to the Family Court, Pathanamthitta forthwith.