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2026 Supreme(Online)(Ker) 13051

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHIJU KUMAR B. – Appellant
Versus
ASWATHY @ ANJANA – Respondent
OP(CRL.) NO. 110 OF 2026 | MC NO.318 OF 2011



Advocates:
For the Appellants/Petitioners: SRI.APPU AJITH, SMT.SHYNI DAS, J.S.
For the Respondents: SRI.V.C.BINEESH, SR.PP

The court emphasizes the need for expedited judicial processes in family law matters.

Headnote:This judgment concerns an Original Petition under Article 227 of the Constitution, wherein the petitioner seeks directions for the Family Court, Neyyattinkara, to expedite the disposal of petitions for salary attachment and stay orders. The court emphasizes timely judicial processes and directs the lower court to address the pending CMP. Final disposal instructions are provided to ensure swift resolution.

Table of Content
1. petitioner seeks efficient handling of family court cases. (Para 1)
2. court directed the lower court to expedite pending petitions. (Para 2)
3. final instructions provided for swift case resolution. (Para 3)

J U D G M E N T

The prayers in this Original Petition filed under Article 227 of the Constitution of India are as follows:

"(i) Issue an appropriate order or direction commanding the learned Family Court, Neyyattinkara, to take up Exts.P3 and P4 C.M.Ps and to try and dispose of the same at the earliest, within such time limits as may be fixed by this Hon'ble Court, in the interest of justice.

(ii) Issue an appropriate order or direction commanding the learned Family Court, Neyyattinkara, to stay the operation of Ext. P2 order until the final disposal of Exts. P3 and P4 C.M.Ps, in the interest of justice.

AND (iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant."

2. This Court obtained a report from the court below on the time required for the disposal of the petition. The learned Judge of the Family Court, Neyyattinkara, submitted the following report:

"CMP 64/2023 is closed on issuance of order of salary attachment of the respondent at the rate of Rs.30,000/- (Rupees Thirty Thousand only) per month until further order. Vide detail order dated 28/11/2025. In the mean time the petitioner filed CMP 1/2026 and 2/2026 on 21/01/2026. CMP 1/2026 is to call the case on bench. CMP 2/2026 is to stay further proceedings. Notice issued to the respondent and these petitions were posted on 16/02/2026. Called these petitions on bench on 16/02/2026, and adjourned to 17/02/2026. On 17/02/2026 CMP 1/2026 is allowed. In CMP 2/2026, for considering reduction of attachment, the amount to be attached is reduced to Rs.20,000/- (Rupees Twenty Thousand only) per month and posted to

18/02/2026. I need two weeks more time to dispose this CMP."

3. In view of the report referred to above, this Original Petition stands closed. The learned Judge of the Family Court, Neyyattinkara, is directed to dispose of C.M.P. No.2/2026 which is Ext.P4 as expeditiously as possible.

Sd/-

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