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2023 Supreme(Online)(KER) 23420

HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
SAHIYA P NAJEEB – Appellant
Versus
DR. ANVAR. A. – Respondent


Advocates:
SASI M.R., N.P.SILPA SREEKUMAR, K.V.DHARMYA, M.S KAVYA KRISHNAN, S.SAJIT SANAL

JUDGMENT

Dated this the 4th day of August, 2023 A.MUHAMED MUSTAQUE , J The petitioner, who is the wife of the respondent, approached the Family Court, Ernakulam for dissolution of marriage. Though the petitioner had filed an interlocutory application (I.A.No.3/2023 in O.P.No.1231/2022) before the Family Court, Ernakulam to expedite the trial and disposal of the original petition, the same has been allowed, but without fixing any time period for disposal. Not satisfied with the order, the petitioner has approached this Court.

2. The petitioner is having efficacious extra judicial remedy by invoking ‘Khula’ and this Court held that the Family Court, can record ‘Khula’ and dispose of the original petition.

If the petitioner resort to invoke extra judicial divorce, the Family Court can record and dispose of the case within a period of four weeks on production of ‘Khula”. If the petitioner is not willing for extra judicial divorce, keeping in mind the pendency of other cases, the Family Court, Ernakulam shall prioritise this case and fix a deadline for disposal.

The Original Petition is hence disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SOPHY THOMAS JUDGE RK APPENDIX OF OP (FC) 486/2023 PET

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