Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC
The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed“… if the applicant has stated any justifiable or valid reason for...
The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.
A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed
“… if the applicant has stated any justifiable or valid reason for early hearing or time bound disposal, the Family Court has to pass an order in that interlocutory application ordering early hearing or time-bound disposal of that case or cases, specifying the time limit in that order."
In the matter at hand the petitioner wife had filed a petition in 2018 before the family court under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955, against the respondent husband for dissolution of their marriage. In 2022, the petitioner-wife filed an interlocutory application for a time-bound disposal of the original petition filed in 2018. The family court allowed the said interlocutory application for passing an order stating "the case will be disposed of at the earliest”.
The petitioner subsequently approached the High Court under Article 227 seeking fixation of a time frame for disposal of the original petition before the family court.
The court referred to the decision in Shiju Joy v. Nisha [2021 (2) KLT 607] which had issued directions for setting out the normative and procedural outlines to be strictly followed by family courts to ensure timely justice. The disposal of an application seeking time bound disposal by simply stating that it would be disposed of at the earliest is not in keeping with the directions in the Shiju Joy case, the court observed.
The court observed that the family court had erred in not fixing a time limit for disposal in its order. The court noted that in this case, the original petition was filed in 2018 and the interlocutory application for time bound disposal was filed on 13.09.2022. Since then, despite the order of the court that it would dispose the matter “at the earliest” and despite repeated postings, it was not disposed.
“A motion made by a party for an early hearing or time-bound disposal of a case or cases for any justifiable or valid reason has to be dealt with appropriately by the Family Court, by passing an order for early hearing or time-bound disposal of that case or cases. In case the applicant has not stated any justifiable or valid reason for early hearing or time-bound disposal, the Family Court has to dismiss that application, stating a brief reason.”
The court directed the family court to dispose the original petition before it as expeditiously as possible and at the very least within three months.
Case Title: XXX v XXX
Citation: 2023 LiveLaw (Ker) 181