Hema Joseph vs Joseph Augutine

Antony Dominic, J.—The Petitioner and the husband are wife and husband. Their marriage was solemnised on 27.11.1994. There are two children, the elder one is aged 11 years and the younger one is 7 years old. It appears that subsequently the relationship got constrained and the parties are living separately with the children staying with the mother. Seeking various reliefs the Petitioner moved Family Court, Ernakulam by filing O.P. 558 of 2009, O.P. No. 559 of 2009, O.P. No. 560 of 2009 and M.C. No. 53 of 2010 and these proceedings are pending.

According to the Petitioner, the Respondent who is presently employed in Oman, has already entered appearance in all the above cases and the pleadings are also complete. The Petitioner also says that she had already moved the application before the Family Court seeking joint trial of all the cases together. In this writ petition, her main grievance is that on account of dilatory tactics adopted by the Respondent, the finalisation of the cases has been entirely delayed, causing serious prejudice to the Petitioner and her children.

This original petition came up for admission before this Court on 29.4.2011 and notice was ordered by special messenger. From the endorsement, we note that the Respondent was absent in his house and the house was locked and therefore the notice was affixed. When the matter was taken on 6.5.2011, the Respondent was absent and in order to ascertain whether the Respondent appears to contest the matter, the case was posted to today. Today also there is no representation on behalf of the Respondent. In the circumstances we heard the counsel for the Petitioner.

Having heard the learned Counsel for the Petitioner and taking note of the grounds pleaded, we are inclined to think that there is every justification to order expeditious disposal of the proceedings pending before the Family Court. In view of the above, we direct that if the cases are ripe in all respect, the Family Court, Ernakulam shall dispose of O.P. No. 558 of 2009, O.P. No. 559 of 2009, O.P. No. 560 of 2009 and M.C. No. 53 of 2010 in accordance with law and with notice to the parties as expeditiously as possible, and at any rate, within a period of three months from the date of receipt of a copy of this judgment.