Shine Daniel vs Jomy.A.S

Amit Rawal, J.

The petitioner has approached this Court with the following prayer.

I. To direct Family Court, Nedumangad to hear and dispose of Exhibit.P4 IA No.2/2023 in OP No.317 of 2017 seeking interim custody of the minor children within such time fixed by this Hon'ble Court not more than one week

II. Considering the exigencies and necessity for urgent consideration of the grievance voiced in this OP (FC), production of English translations of documents in vernacular, may kindly be dispensed with for the time being.

Petitioner had already submitted an application for expeditious disposal and as per the case details and the proceeding of the case, the matter is listed for evidence. There is already a judgment by the Division Bench of this Court in Shiju Joy A. v. Nisha, 2021 (2) KLT 607 for vindicating the grievance of the affected party for expeditious disposal, wherein the following direction has been issued -

"C. ADVANCED HEARING: Family Courts are permitted to depart from the procedure aforenoted on a motion made by a party for early hearing of a case(s) for any justifiable or valid reason. If any party desires to move an application for early hearing, he/she shall move the Family Court at the first instance. 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. It would be open to the Family Court to pass orders on such applications in the chambers. This court need not entertain any Original Petitions, filed under Article 227 of the Constitution of India, for early disposal of cases, unless the parties move the concerned Family Court at first instance."

Since the application has already been filed, we deem it appropriate to dispose of the petition by directing the trial family court to take a call on the application and pass an order in terms of the judgment extracted above.

The O.P(FC) is disposed of as above.