Family Courts must adhere to procedural guidelines for timely disposal of cases, allowing early hearings upon valid requests.

JUDGMENT :

Anil K. Narendran, J.

The petitioner has filed these original petitions, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Thrissur to consider and dispose of O.P.No.1075 of 2023 in O.P.(FC)No.294 of 2025 and O.P.No.1037 of 2023 in O.P.(FC)No.295 of 2025, at the earliest; and an order directing the Family Court to consider and dispose of Ext.P4 in both cases, i.e., I.A.No.2 of 2025 in O.P.No.1075 of 2023 and I.A.No.2 of 2025 in O.P.No.1037 of 2023, at the earliest. In the original petitions, it is stated that Ext.P4 interlocutory applications, which were filed on 25.03.2025 and listed before the Family Court on 29.03.2025, now stand posted to 07.08.2025, without passing any orders.

2. Heard the learned counsel for the petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondents is dispensed with.

3. In Shiju Joy v. Nisha [2021 (2) KLT 607] a Division Bench of this Court issued various directions to streamline the procedure as conceived under the law to avoid failure of justice, i.e., non-adherence of rules which ensures the right of the disputants to get timely justice, and in the said decision the Division Bench has made it clear that those normative and procedural outlines, which are illustrative in nature, shall be scrupulously followed by the Family Courts. In view of the directions issued by the Division Bench, all interlocutory applications are to be disposed of within four weeks after the appearance of the parties, if not, specific reasons shall be stated. The Family Courts are permitted to depart from the procedure contained in paragraph 10 of the said decision, on a motion made by a party for an early hearing of a case or cases for any justifiable or valid reason. If any party desires to move an application for an 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.

4. The directions contained in the decision in Shiju Joy [2021 (2) KLT 607] came into force with effect from 01.06.2021. The Division Bench directed the Family Courts to place a report before Registrar (District Judiciary) by 31.12.2021, with regard to compliance of the directions contained in the said decision.

5. In Neethu Jagdish v. Manumohan Mani [2023: KER:22132] a Division Bench of this Court held that 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. On the other hand, 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. The disposal of such an application, by passing an order that the case will be disposed of at the earliest, is not the disposal contemplated in the decision of this Court in Shiju Joy [2021 (2) KLT 607].

Having considered the submissions made by the learned counsel for the petitioner, these original petitions are disposed of, without going into the merits of the case, by directing the Family Court, Thrissur to consider and pass appropriate orders on I.A.No.2 of 2025 in O.P.No.1075 of 2023 and I.A.No.2 of 2025 in O.P.No.1037 of 2023 (Ext.P4 interlocutory applications in both the original petitions), as expeditiously