Sibi vs Shahul Hammed Shamsudeen

Pius C. Kuriakose, J.—On considering this Original Petition wherein the petitioner seeks a direction to the Family Court, Kottarakkara for an early disposal of M.C.No. 150 of 2010, O.P.No. 774 of 2009 and O.P.No. 953 of 2011 along with O.P.No. 773 of 2009, we directed the Registrar(Judicial) to contact the Presiding Officer of the Family Court, Kottarakkara and to get a report as to when the learned Judge of the Family Court is able to dispose of the cases. Accordingly, the Registrar(Judicial) submitted the following report:

As directed, contacted the Family Court, Kottarakkara. The learned Judge, after verification, informed that O.P.(F.C.) No. 2908/2012, the Hon''ble High Court has directed the Family Court, Kottarakkara to dispose of O.P.No. 773/2009 within four months from 24.9.2012. With a view to take up this case for trial, O.P. was posted to 16.11.2012 for filing Chief affidavit. Since Chief affidavit was not filed, the case stands posted to 3.12.2012 for report. The learned Judge informed that M.C.No. 150/2010 for maintenance, O.P.No. 953/2011 for dissolution of marriage and O.P.No. 774/09 for money claim can be tried along with O.P.No. 773/2009. However, if joint trial is held, the Family Court will not be able to complete the trial before 24.1.2013. The learned Judge informed that the four cases can be tried and disposed of together if time granted is enlarged to six months from 3.12.2012.

According to the learned Judge, if all the four cases are to be jointly tried and disposed of together, time will have to be enlarged by six months from 3.12.2012. But we find that on the basis of Ext.P1 judgment in O.P.(F.C.) No. 2908 of 2012 filed by the respondent herein, this court had already directed the Family Court, Kottarakkara to dispose of O.P.No. 773 of 2009 within four months of receiving copy of judgment in that O.P. We don''t want to disturb the direction issued in Ext.P1 judgment. We direct the Judge of the Family Court, Kottarakkara to try the other three cases, i.e., M.C.No. 150 of 2010, O.P.No. 774 of 2009 and O.P.No. 953 of 2011 jointly and dispose them of at the earliest and at any rate within five months from today.

Communicate copy of this judgment to the Family Court, Kottarakkara at the earliest.