Rahul K.P vs Pradeep Kumar K.K.

A. Badharudeen, J

This is an original petition filed under Article 227 of the Constitution of India, by the petitioner, who is the petitioner in M.C. No.71/2022 pending before the Family Court, Iringalakuda. It is prayed that Ext.P4 (CMP No.238/2022) filed along with M.C.No.71/2022 is directed to be disposed of at the earliest.

Heard the learned counsel for the petitioner on admission.

It is submitted by the learned counsel for the petitioner that the petitioner is aged 17 years and his mother died earlier and he is trailing to survive. Therefore, it is necessary in the interests of justice to get maintenance from the father as canvassed in the M.C. as well as in the interim application.

I have perused Ext.P3, the copy of M.C. No.71/2022 pending before the Family Court, Iringalakuda and it is noticed that the same was filed on 28.04.2022. Though it is submitted by the learned counsel for the petitioner that Ext.P4 is the copy of CMP No.238/2022 filed before the Family Court, Iringalakuda, the cause title would go to show that the same has been filed before the Judicial First Class Magistrate Court, Chalakudy. But, it is submitted by the petitioner that the said petition also is pending before the Family Court, Irinjalakuda.

As far as the disposal of matters pending before the Family Court, a Division Bench of this Court already issued guidelines vide decision reported in [2021 (2) KLT 6071] Shiju Joy v. Nisha. Therefore, Family Court Judge is directed to follow the said guidelines in so far as final disposal of M.C. No.71/2022.

However, the grievance advanced by the petitioner in the matter of not getting at least interim maintenance is having in force.

Therefore,  the  Family  Court,  Iringalakuda is directed to consider CMP No.238/2022 at the earliest and pass orders thereon, within a period of 30 days from the date of production of a copy of this judgment.

Accordingly, this O.P.(Crl). is disposed of.