Family Courts must expedite matrimonial proceedings to prevent emotional distress, adhering to statutory time limits for resolution.

ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Court below to dispose H.M.O.P. No. 851 of 2023 on the file of the Family Court, Madurai within the time frame fixed by the Court.

1. Heard both sides.

2. The revision petitioner herein filed H.M.O.P. No. 851 of 2023 on the file of the Family Court, Madurai. The petitioner’s marriage with the respondent was solemnized on 05.07.2018 as per Hindu rites and customs. A female child, namely, Tanya was born through the wedlock. The relationship between them came under strain. The petitioner has sought dissolution of marriage on the ground of cruelty. The petition has been filed under Section 13(1)(1a) of the Hindu Marriage Act, 1955.

3. The grievance of the petitioner is that the matrimonial proceeding instituted by her is not being dealt with expeditiously. The petition was filed on 03.07.2023. The parties appeared before the Court on 04.11.2023 and were referred to the counsellor. The matter was posted for second counselling on 17.11.2023. At the request of the respondent, the third counselling was fixed on 05.04.2024. Such a long adjournment, according to the petitioner was not warranted. This has furnished the cause of action for filing this revision petition seeking speedy disposal.

4. The learned counsel appearing for the petitioner pointed out that the Hon’ble Division Bench of the Kerala High Court in Shiju Joy Vs. Nisha, (2021) 2 KHC 462 had issued a set of directions to the Family Courts in Kerala. The said directions read as follows:

Step 1(i):

(A) NOTIFYING CHIEF MINISTERIAL OFFICER: All Presiding Officers of the Family Courts are directed to activate the office of the Chief Ministerial Officer (‘CMO’ for short). The notification issued by the High Court of Kerala dated 10.3.2015 notifying the Rules called the Kerala Civil Courts (Case Flow Management) Rules, 2015 (in short ‘Case Flow Management Rules’) enables the Courts to authorise any officer to exercise the power of the Chief Ministerial Officer of the Court. The Presiding Officers are therefore directed to authorise the most competent Ministerial Officer as the CMO for the purpose of case flow management.

(B) FUNCTIONS and DUTIES of CMO: On institution of proceedings, the CMO shall fix the date for appearance of the respondent(s). On appearance of the respondent(s), the parties be referred for counselling, which shall be in consultation with the Presiding Officer. The date and time for appearance of the respondent(s) shall be specified in the summons issued to the respondent(s) in Form No. 1 of Rule 5 of the Family Courts (Kerala) Rules, 1989. The CMO shall fix specified timings for counselling between the parties to a case(s) in a day and allot the matter to the concerned counsellor, who in turn, shall on a daily basis submit report of each day’s work to the CMO. A cap of a maximum 10 cases in a day shall be fixed for each counsellor.

(C) INSISTENCE of MEMO TO FURNISH DETAILS of CASE PENDING: When a case is presented before the CMO, the CMO shall insist that the parties to file a memo furnishing the details of the connected cases between the same parties pending before the Court. If such details are furnished, the CMO shall tag the cases.

(D) EXPARTE/UNCONTESTED MATTERS: The CMO shall post uncontested cases and cases where the respondent(s) remain absent immediately before the Court. Similarly, the CMO shall post joint petitions filed for divorce by mutual consent before the Court, if the parties fulfil the conditions laid down by the Honourable Supreme Court in Amardeep Singh v. Harveen Kaur, 2017 (4) KLT 367.

(E) CLASSIFICATION of CASES FOR COUNSELLING: Only suits or proceedings filed for decrees of nullity, dissolution of marriages, judicial separation, restitution of conjugal rights, maintenance, guardianship, custody and access to minors need be referred for counselling, unless otherwise directed or felt necessary by the Presiding Officer.

(F) CASES FIT FOR MEDI