The court established that delays caused by unforeseen circumstances may warrant judicial intervention, especially when a child's welfare is at stake.

P.G. Ajithkumar, J.

The petitioner seeks a direction to the Family Court, Thrissur to dispose of Exts.P5 and P6 (I.A.Nos.3 of 2022 and 4 of 2022 in G.O.P.No.2234 of 2019) within a time fixed by this Court.

2. Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.

3. Heard the learned counsel appearing for the petitioner.

4. The petitioner is the wife of the respondent. Their marriage was solemnised on 04.03.2015. There arose marital discord, following which the petitioner had filed O.P.No.162 of 2017. There has been a mediation agreement with regard to the custody of their child. Although the stipulations therein were being complied with by the petitioner, the respondent had filed G.O.P.No.2234 of 2019 seeking permanent custody of the child. The petitioner received notice in that O.P., but she could not appear before the court due to the restrictions on account of COVID-19 pandemic. An exparte decree dated 20.03.2021 was passed in the said G.O.P. The petitioner therefore filed I.A.No.4 of 2022 seeking to set aside the said exparte decree. There is a delay of 554 days in filing I.A.No.4 of 2022. She filed I.A.No.3 of 2022 seeking to condone the said delay. Pending consideration of the said interlocutory applications, the respondent has been taking steps to execute the exparte decree for which he filed E.P.No.76 of 2022. The apprehension of the petitioner is that if the decree is executed before disposal of Exts.P5 and P6, that will work out injustice to the child and his welfare will be at peril. She therefore seeks a direction to the Family Court, Thrissur to dispose of Exts.P5 and P6 on an early date.

5. Having considered the contentions of the petitioner in detail, we are of the view that there shall be a direction to the Family Court, Thrissur to dispose of Exts.P5 and P6 applications expeditiously. Accordingly, this Original Petition is disposed and the Family Court, Thrissur is directed to dispose of Exts.P5 and P6 (I.A.Nos.3 of 2022 and 4 of 2022 in G.O.P.No.2234 of 2019) within one month from the date of production of a certified copy of the judgment. The Family Court is further directed to keep in abeyance the further proceedings in E.P.No.76 of 2022 in G.O.P.No.2234 of 2019 till the disposal of Exts.P5 and P6 applications.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE dkr APPENDIX OF OP (FC) 29/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT DATED 07.10.2017 EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 08.10.2018 IN OP 570/2018 ON THE FILES OF FAMILY COURT, THRISSUR EXHIBIT P3 THE TRUE COPY OF THE MEMORANDUM IN GOP

2234/2019 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, THIRSSUR EXHIBIT P4 THE TRUE COPY OF THE EXPARTE DECREE DATED

20.03.2021 IN GOP 2234/2019 ON THE FILES OF FAMILY COURT, THRISSUR EXHIBIT P5 THE TRUE COPY OF IA NO. 4/2022 IN GOP

2234/2019 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P6 THE TRUE COPY OF IA NO. 3/2022 IN GOP

2234/2019 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P7 THE TRUE COPY OF EP 76/2022 IN GOP

2234/2019 ON THE FILES OF FAMILY COURT, THRISSUR EXHIBIT P8 THE TRUE COPY OF THE OBJECTION DATED

05.11.2022 IN EP NO. 76/2022 IN GOP 2234/2019 BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P9 THE TRUE COPY OF THE PETITION EA 250/2022 IN EP NO. 76/2022 DATED 09.11.2022 PENDING BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P10 THE TRUE COPY OF THE MEDICAL RECORDS PERTAINING TO THE PETITIONER