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2026 Supreme(Online)(Ker) 5134

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
V V ANOOPKUMAR – Appellant
Versus
ASHWINI A SEN – Respondent
OP (FC) NO. 60 OF 2026| OPHMA NO.781 OF 2023



Advocates:
For the Appellants/Petitioners: V V ANOOPKUMAR(PARTY-IN-PERSON)
For the Respondents: GOVERNMENT PLEADER

A court cannot expedite reliefs under the Hindu Marriage Act if they are untenable; thus, a petition for such reliefs may be dismissed.

Headnote:This judgment deals with the petitioner's request to expedite the disposal of Ext.P1 in OP (H&M) No. 781/2023. The court noted that the reliefs requested under various provisions of the Hindu Marriage Act were beyond consideration. Consequently, the petition was dismissed.

Devan Ramachandran, J.

The petitioner seeks that Ext.P1 petition, which he says he has filed before the learned Family Court, Kollam, in OP(H&M).No.781/2023, be directed to be taken up and disposed of within a time frame to be fixed by this Court.

2. We have examined Ext.P1 and the reliefs sought for therein are worth reading, for which we extracted them as under:

“1) to please declare that I have successfully established the ground of cruelty under section 13(1)(ia) of Hindu Marriage Act;

2) to please declare that I have successfully established the ground of desertion under section 13(1)(ib) of Hindu Marriage Act;

3) to please declare that I have successfully established the ground of customary divorce under section 29(2) of Hindu Marriage Act;

4) to please declare that Ashwini A Sen has already ended the relationship with V V Anoopkumar;

5) to please declare that Ashwini A Sen has levelled false allegation against V V Anoopkumar;

6) to please make an order, without waiting for the determination of any other question between the parties, in accordance with Order XII Rule 6, CPC, having regard to the admissions of Ashwini A Sen;

7) to please grant decree of divorce under section 13(1)

(ia), 13(1)(ib) of Hindu Marriage Act, 1955 ;

8) to please pass order to prevent Ashwini A Sen from deriving benefit from her own wrong.”

3. Prima facie, none of the prayers in Ext.P1 can generally be considered by any Court. We do not propose to speak any further, since the petitioner says that the same is pending.

4. Suffice to say, we cannot direct the learned Family Court to take up an application like Ext.P1, particularly when it is stated to have been filed as recently as 20.01.2026. In the afore circumstances, this Original Petition is dismissed.

Sd/-

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