Seetha M vs Pradeepkumar K S

P.G.Ajithkumar, J.

The petitioner is the wife of the respondent. She filed O.P.(H&M) No.972 of 2022 before the Family Court, Alappuzha seeking a decree of dissolution of marriage, invoking the provisions of Section 13(1)(ia) of the Hindu Marriage Act, 1955. She approached this Court in this Original Petition filed under Article 227 of the Constitution of India for a direction to the Family Court, Alappuzha to dispose of O.P.(H&M) No.972 of 2022 within a time frame fixed by this Court.

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

Heard  the  learned  counsel  appearing  for  the petitioner.

The petitioner is a Police Constable working in Indo Tibetan Border Police at Mirth camp at Pithogarh district, Uttaraghand. Marriage between the petitioner and the respondent was solemnised on 11.04.2010. They have two children, aged 12 and 7 years. Since their relationship was estranged and they are living separately, the petitioner filed O.P.(H&M) No.46 of 2022 before the Family Court, Pathanamthitta for getting a decree of dissolution of marriage. She filed Transfer Petition (C) No.276 of 2022 before this Court and as per the order in that Transfer Petition the said original petition was transferred to the Family Court, Alappuzha, where it was numbered as O.P.(H&M) No.972 of 2022.

The petitioner would contend that considering the extreme cruelty meted out by the respondent, she was constrained to file I.A.No.3 of 2023 before the Family Court, Alappuzha for disposing the said original petition as expeditiously as possible. Ext.P7 is a copy of the said interlocuoty application. The grievance of the petitioner is that there occurs delay in disposal of O.P.(H&M) No.972 of 2023 despite filing Ext.P7 application.

In Shiju Joy A. v. Nisha [2021 (2) KHC 462] this Court enunciated guidelines concerning the proceedings in cases pending before the Family Courts. The procedure to be followed on an application to prioritise hearing of a case was also set down. Family Courts are permitted to depart from the standard procedure on a motion made by a party for early hearing of a case for any justifiable or valid reason. It was directed that if a party moves an application for early hearing, the Family Court shall dispose of such application, as expeditiously as possible, at any rate, within two weeks from the date of moving such application.

Therefore, the Family Court, Alappuzha ought to have taken a decision much earlier in Ext.P7 application, which was filed on 25.01.2023. In such circumstances, we are of the view that there shall be direction to the Family Court, Alappuzha to dispose of Ext.P7 application expeditiously. Hence, this Original Petition is disposed of by directing the Family Court, Alappuzha to take an appropriate decision in Ext.P7 application within two weeks from the date of production of a certified copy of this judgment.