Deepak C.Raj vs Soumya

Sophy Thomas, J

This is an original petition filed by the husband for early disposal of OP No.869 of 2020 pending before Family Court, Muvattupuzha.

The petitioner herein filed OP No.869 of 2020 for getting divorce from his wife, who is the respondent herein. The wife filed MC No.140 of 2022 for maintenance. Both cases are ripe for trial. The petitioner is employed in Merchant Navy and he reached Kerala in August, 2022 after 6 months of sail. He wanted to get the divorce OP disposed of, at the earliest, for which, he filed I.A.No.2 of 2021 before Family Court, Muvattupuzha. But nothing happened and the matter is getting delayed. As he has to return back to join duty without delay, he filed this Original Petition for a direction to the Family Court, Muvattupuzha for an early disposal of OP No.869 of 2020.

The Registry of this Court was directed to get a report from Family Court, Muvattupuzha with respect to OP No.869 of 2020. The learned Family Court Judge submitted her report stating that apart from OP No.869 of 2020, several other litigations are pending between the parties. Even then the petitioner filed I.A.No.3 of 2023 for joint trial of OP No.869 of 2020 and MC No.140 of 2022 alone. Two other OPs filed by the wife are also pending consideration of the Family Court. The learned Family Court Judge submitted that if OP No.869 of 2020 alone is to be disposed of, it can be done within three months.

Since the parties are same, the witnesses are same, and the evidence is interconnected, it will be convenient for the parties as well as the court to try all the cases together. Moreover, if the Family Court is proceeding with the divorce case alone, and if the husband gets divorce, he may get away with his job in Merchant Navy, by which the hapless wife may not get proper remedy in the cases filed by her.

So the prayer of the petitioner to try OP No.869 of 2020 separately, need not be considered. When all the cases are ripe for trial, even if the petitioner/husband is away at his workplace, the Family Court can examine him through electronic mode.

So  the  OP(FC)  is  dismissed  with  the  following directions:

(i) The Family Court, Muvattupuzha has to expedite steps to get all the cases pending between the parties ripe for trial and to try all the cases together.

(ii) If the petitioner/husband is not available in Kerala at the time of evidence, learned Family Court Judge has to afford sufficient opportunity to him to appear in person for adducing evidence, or else, his evidence can be taken through electronic medium, if he prefers so.