IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

THE HONOURABLE MR. JUSTICE P.M.MANOJ TH MONDAY, THE 27 DAY OF MAY 2024 / 6TH JYAISHTA, 1946 OP (FC) NO. 183 OF 2024 AGAINST THE OP NO.2844 OF 2022 OF FAMILY COURT,ERNAKULAM PETITIONER/PETITIONER:

ALEX BABY PAUL AGED 40 YEARS S/O. BABY PAUL, CRA180, GANGOTHRI, PLAVILA ROAD, PONGUMOOD, MEDICAL COLLEGE. P.O., THIRUVANANTHAPURAM DISTRICT.

REPRESENTED BY HIS FATHER AS WELL AS POWER OF ATTORNEY HOLDER BABY PAUL, AGED 68 YEARS, S/O. K.V. PAILLY, RESIDING AT GANGOTHRI, PLAVILA ROAD, PONGUMOOD, MEDICAL COLLEGE. P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695011 BY ADVS.

PAUL K.VARGHESE A.A.GEETHA RESPONDENT/RESPONDENT:

MARIA ISSAC AGED 36 YEARS D/O. ISSAC, NEDUMPALLIL HOUSE, EDAYAR.P.O, KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686662 THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J.

The petitioner herein is the petitioner in O.P. No.2844 of 2022 on the file of the Family Court, Ernakulam. The aforesaid petition has been filed seeking a decree of divorce on the ground of cruelity and desertion.

2. The petitioner states that he has preferred Ext.P3 application before the Family Court as I.A. No.3 of 2024 seeking to post the case for evidence and for an early disposal of the case. He contends that no orders have been passed on the said application. It is further submitted that though attempts were made to settle the disputes, the parties have not been able to arrive at a settlement. It is in the above backdrop that this this petition is filed seeking issuance of directions to consider Ext.P3 application in light of the law laid down in Shiju Joy, [ShijuJoyA.v.Nisha [2021(2)KHC462]]

3. We have considered submissions advanced and have gone through the records. We find that Exhibit P3 application has been filed by the petitioner before the Family Court and the same is pending. 4. In Shiju Joy (supra), this Court while issuing directions for prompt and expeditious consideration of matters pending before the Family Courts in the State had formulated guidelines. It was observed therein that merely because a litigant has reasons or the resources to approach this Court for speedy justice, the same cannot be at the peril of those adhering to the queue. It was also observed that the ritualistic passing of directions for speedy disposal of proceedings is doing more harm than good to the system because contested and deserving cases are being left unattended and the procedure framed by the Family Courts for disposal of cases is getting unsettled. Untimely interventions are clogging the system. In that view of the matter, the only relief that can be granted to the petitioner is to direct the Family Court to consider the application filed by her in the light of observations in Shiju Joy (supra).

5. Having considered the facts and circumstances and the submissions advanced, this Original Petition is disposed of directing the Family Court, Ernakulam to consider the prayers in I.A No.3 of 2024 in the light of the observations in Shiju Joy (supra), and initiate appropriate steps.

sd/-

RAJA VIJAYARAGHAVAN V JUDGE sd/-

P.M.MANOJ JUDGE APM/27/5/24 APPENDIX OF OP (FC) 183/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF O.P. NO. 2844/2022 ON THE FILE OF FAMILY COURT, ERNAKULAM DATED

7.10.2022.

Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT IN O.P.(FC) NO. 85/2024 AND O.P.(FC) NO. 97/2024 OF THIS COURT DATED 21.2.2024.

Exhibit P3 TRUE COPY OF THE I.A. NO.3/2024 IN O.P. NO. 2844/2022 OF THE FILE OF FAMILY COURT, ERNAKULAM DATED

4.3.2024.