The Court emphasized timely resolution of pending applications to avoid delay in family court proceedings.

JUDGMENT Devan Ramachandran, J.

The singular plea of the petitioner in this Original Petition is that the learned Family Court, Neyyattinkara, be directed to take up Exts.P9, P10, P11, P13, P15, P17 and P20 – which, she asserts, are pending in O.P.No.125/2022 – and dispose them of, within a time frame to be fixed by this Court.

2. On hearing the learned counsel for the petitioner on the afore lines on 17.12.2025, we had called for a report from the learned Family Court, which is now available.

3. The learned Court has recorded that the afore interlocutory applications have been filed after the matter was taken up for evidence and that they appear to have been filed to protract and prolong the matter. The learned Court further informs that these applications will be ‘decided in accordance with law without allowing delay tactics’ (sic).

4. However, the learned counsel for the respondent –

Sri.J.G.Syamnath, submitted that his client has no objection in any of the afore applications being considered and disposed of on merits by the learned Family Court; but prayed that it be clarified that the Original Petition will not be delayed in any manner whatsoever.

5. Smt.Sanu S. Malakeel – learned counsel for the petitioner, however, insisted that the evidence in the Original Petition commenced only in December 2025; while the applications in question – particularly that seeking joint trial – have been filed as early as in the years 2024 and early 2025. She prayed that, therefore, the reliefs sought in this Original Petition be granted.

6. We are unable to understand if the applications in question were considered before the trial of the case had begun; but prima facie, some of the applications appear to be pending even from the year 2024. We are, therefore, of the firm view that the applications have to be considered by the learned Family Court before further steps in the Original Petition are taken forward. In fact, there was no opposition to this course by the respondent either.

In the afore circumstances, this Original Petition is allowed, directing the learned Family Court to take up Exts.P9, P10, P11, P13, P15, P17 and P20 and dispose them of, after affording necessary opportunities to both sides, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

Needless to say, until such time as the afore is done, the trial in O.P.No.125/2022 shall stand deferred; but thereafter, it shall be continued to its conclusion, without any avoidable delay.

Sd/-