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2026 Supreme(Online)(Ker) 1559

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
LT COL. VISWANATHAN S. – Appellant
Versus
RAJITHA K.V – Respondent
OP (FC) NO. 27 OF 2026 | OP NO.75 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.PRAVEEN K. JOY, SRI.E.S.SANEEJ, SRI.M.P.UNNIKRISHNAN, SRI.N.ABHILASH, SHRI.ALBIN VARGHESE, SMT.FATHIMA SHALU S., SMT.MEGHA G., SMT.LAKSHMI K.S., SHRI.ABHIJITH V. PRASAD, SHRI.ALTHAF AMEER

The petitioner can request expedited hearings directly at the Family Court, as established in previous rulings.

Headnote:In this case, the petitioner, seeking expeditious disposal of OP No.75/2024 by the Family Court, highlighted the undue delay in proceedings. The Court recognized the burden faced by Family Courts but dismissed the petition while permitting the petitioner to seek an expedited hearing. Ratified by citing Shiju Joy A. v. Nisha, the Court emphasized the importance of approaching the Family Court directly for such requests. The petition was dismissed, allowing the petitioner to apply for accelerated proceedings.

Table of Content
1. petitioner seeks expedited disposal of application. (Para 1 , 2)
2. court acknowledges workload of family courts. (Para 3)

Devan Ramachandran , J.

The petitioner seeks that OP No.75/2024 on the files of the learned Family Court, Kozhikode, be disposed of within a time frame to be fixed by this Court.

2. Sri.Praveen K.Joy – learned counsel for the petitioner, pointed out that his client had requested for an expeditious disposal of the Original Petition before the learned Family Court itself, which is discernible from Ext.P5 proceedings sheet; but that the matter has not yet been disposed of, thus constraining his client to approach this Court.

3. We are afraid that we cannot find favour with the afore submissions of Sri.Praveen K.Joy because, we are fully aware of the huge workload every learned Family Courts in Kerala endures. We cannot allow matters filed recently to be taken up and disposed of in priority, though it will be within the province of the learned Family Court itself to do so, if the situation and the circumstances warrant it.

4. This Court has, in Shiju Joy A. v. Nisha [2021 (2) KLT

607], rendered it luculent that in cases where a party requires matter to be disposed of expeditiously, the remedy would be to approach the learned Family Court itself. We do not propose to preclude that liberty.

In the afore circumstances, though we dismiss this Original Petition, we leave liberty to the petitioner to move the learned Family Court appropriately through an application seeking expeditious disposal; and if it is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be taken up and disposed of, after affording necessary opportunities to both sides, within a period of three weeks thereafter.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu APPENDIX OF OP (FC) NO. 27 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS OP NO. 75/2024 BEFORE THE FAMILY COURT, KOZHIKODE DATED 08.01.2024 Exhibit P2 TRUE COPY OF THE EX PARTE ORDER DATED

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