The court emphasized the importance of efficiency in family law proceedings, particularly concerning divorce and child custody under personal law.

O R D E R

Petitioner herein is the petitioner/wife in O.P.(Div.) No.1034/2020 pending before the Family Court, Kottayam, at Ettumanoor. The petitioner seeks transfer of the said Original Petition to the Family Court, Thiruvalla, on the premise that the petitioner is working outside Kerala and that she has no relative to take care of the matter in the Family Court, Ettumanoor and that her relatives are residing within the limits of the Family Court, Thiruvalla, where the respondent is also residing.

2. This application was opposed by the learned counsel for the respondent/husband, pointing out that the marriage between the petitioner and respondent has been dissolved by resorting to the personal law applicable to them, to be specific by a ‘Khula’, evidenced by Annexure 1. It was also submitted that the matter was referred to mediation and the parties have settled the matter and an agreement has been drawn, embodying the terms, which is in accord with the ‘Khula’. However, the petitioner/ wife has not chosen to sign the same, though a period of more than six months had expired from the date of such settlement. According to the learned counsel for the respondent, the transfer of the case is not at all warranted, since the scope of a proceeding, for declaration of a ‘Khula’ already entered into by and between the parties, is only minimal, which may not consume much time.

3. Having heard the learned counsel appearing on both sides, this Court is in the opinion that the interest of the both parties can be served by directing the Family Court, Ettumanoor to hear and dispose of the matter, at the earliest. If as a matter of fact, any agreement has been arrived at by mediation by and between the petitioner and the respondent, the petitioner will immediately make herself available to sign such an agreement, in which case, there will be a direction to the Family Court, Ettumanoor to try and dispose of O.P.(Div.) No.1034/2020, within a period of two months from the date of production of such agreement. If the petitioner is having the contention that no such agreement has been entered into, the above referred Original Petition for divorce shall be disposed of within a period of four months from the date of receipt of copy of this judgment. It is also directed that a subsequent Original Petition, O.P.(G&W) No.1604/2023 before the Family Court, Ettumanoor is also directed to be disposed of, within the period afore referred, as the case may be. These directions are issued taking into account of the fact that the contentious issues between the parties have been settled by virtue of Annexure 1 ‘Khula’ agreement, which need to be endorsed for the purpose of the declaration sought for, as also, for legalising the custody of the children.

At any rate, the transfer sought for is not found to be conducive, as it can prove to be counter productive, in the context of the time required for disposal of the matter. In the circumstances, this Tr.P(C) stands disposed of, with above referred directions.