Neethu Jagdish vs Manumohan Mani

Anil K. Narendran, J.

The petitioner filed O.P.No.1159 of 2018 before the Family court, Palakkad, against the respondent herein-husband seeking decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court to consider Ext.P2 interlocutory application i.e., I.A.No.3 of 2022 filed in O.P.No.1159 of 2018 seeking expeditious disposal of that original petition. The petitioner has also sought for a direction to the Family Court to dispose of O.P.No.1159 of 2018 within a time frame.

Heard the learned counsel for the petitioner.

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

During the course of arguments, the learned counsel for the petitioner would place reliance on the decision of a Division Bench of this Court in Shiju Joy v. Nisha [2021 (2) KLT 607], wherein it is held that, if any party moves an application for early hearing, the Family Court shall dispose of such application, as expeditiously as possible, at any rate, within a period of two weeks from the date of moving such an application.

Since Ext.P2 interlocutory application, i.e., I.A.No.3 of 2022 in O.P.No.1159 of 2018, filed by the petitioner for expeditious disposal of O.P.No.1159 of 2018 is pending consideration, this original petition is disposed of by directing the Family Court, Palakkad, to consider that interlocutory application, with notice to the petitioner and also to the respondent and take an appropriate decision thereon taking note of the law laid down by this Court in Shiju Joy v. Nisha [2021 (2) KLT 607], within a period of two weeks.