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2021 Supreme(Ker) 1216

A. MUHAMED MUSTAQUE, C. S. DIAS
Shiju Joy. A. , s/o. A. V. Joy – Appellant
Versus
Nisha, D/o. Kumaran – Respondent


Advocates Appeared:
For the Petitioner: Sri. A.X. Varghese, Sri. A.V. Jojo.
For the Respondent: Sri. V.C. Rajesh, Sri. K.J. Gladis.

JUDGMENT :

[A. Muhamed Mustaque & C.S. Dias, JJ.]

1. We are, in this batch of original petitions, asked to resolve the difficulties caused to the litigants due to the inordinate delay in disposal of cases by the Family Courts in the State. These original petitions speak about the various hurdles faced by the parties in resolving their matrimonial disputes. The petitioners who are parties to different proceedings, have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution and sought for directions to the Family Courts to expeditiously dispose of pending proceedings. It was a routine practice in this Court to call for reports from the Family Courts and issue directions to dispose of proceedings in a time bound manner. This has caused perceived injustice to many, as those who approach this Court stand in advantageous position in getting their cases disposed of on a priority basis. The delay involved in disposal of cases before the Family Courts cannot be signified for a singular reason. The problems faced are multifaceted and are of different dimensions. Lack of infrastructure, docket explosion, untrained officers and staff, inept case management etc.

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