Jyothish Thomas And Ors vs Janet And Ors

K. Vinod Chandran, J

The petitioners seek early disposal of the proceedings pending between the 1st petitioner and his wife before the Family Court, all instituted in the

year 2018. The 1st petitioner is the husband and the petitioners 2 & 3, his parents. The respondents are the wife of the 1st petitioner and their minor

children.

Ext.P1 is an original petition filed by the petitioners for a declaration that the respondents have absolutely no right over the properties scheduled in

that O.P. Ext.P2 again is an O.P. filed by the 1st petitioner for divorce. Ext.P3 is an O.P. filed by the 1st respondent-wife seeking return of gold

ornaments and money entrusted with the petitioner-husband. Ext.P4 is the OP (Guardian) filed by the respondent-wife seeking custody of the two

minor children born in the wedlock. Ext.P5 is an MC filed for maintenance by the respondent-wife.

The original petitions are all filed in the year 2018 and this Court does not find any willful delay on the part of the Family Court in taking up the same

for consideration; especially considering the pandemic situation. However, it is stated that the 1st respondent has not filed her objections in Exts.P1 &

P2 and despite request made to the Court, there are no directions issued.

We do not think there is any scope for any positive direction in the above case. However, the learned Family Court Judge would do well to insist for

immediate filing of objections by the 1st respondent; especially in a matter pending from the year 2018. The petitioner will also be entitled to make a

prayer for expeditious disposal before the Family Court, which would be considered looking at the long pending matters before that Court.

The writ petition is closed with the above observation. The Family Court would intimate the respondent about the need to expedite filing of objections

before any coercive action is taken; since we have not issued notice to the respondents.