The court reiterates that pending investigations should not impede the family court's ability to dispose of petitions expediently.

SHOBA ANNAMMA EAPE N (J )

This original petition is filed by the wife, aggrieved by Ext.P15 order passed by the learned family court, directing expeditious disposal of Ext.P1 original petition while keeping the interlocutory applications filed by the petitioner pending.

2. O.P. No.1472 of 2019 was filed by the petitioner before the Family Court, Kollam, seeking realisation of ₹10,00,000/- allegedly entrusted by the petitioner’s father to the first respondent, ₹24,50,000/- spent for the purchase of a flat, ₹50,00,000/- as compensation for the cruelty and hardship suffered by the petitioner at the hands of the first respondent, and ₹3,00,000/- towards the cost of the furniture described in the schedule. During the pendency of the aforesaid original petition, I.A. No.2/2023 in O.P.(Oth.) No.1472 of 2019 was filed by the husband/first respondent seeking appointment of an Advocate Commissioner to open joint locker No.91 at SBI, Kadappakkada Branch, Kollam. Though objections were filed, the family court allowed the application. In the meantime, the petitioner filed I.A. No.5/2024 produced as Ext.P5 in this original petition, seeking a direction to the first respondent to produce purchase bills, invoices, and receipts relating to the coins kept in Locker No.91 of SBI, Kadappakkada Branch. Alleging that undeclared gold, silver, and platinum bullion are kept in the said locker, the petitioner filed complaints before the Customs Authorities seeking investigation into evasion of customs duty and other violations allegedly committed by the respondent. The proceedings before the Customs Authorities are still pending enquiry.

3. Thereafter, the petitioner approached this Court by filing OP(FC) No.602/2024 challenging the order in I.A. No.2/2023. This Court, as per Ext.P9 judgment dated 30.09.2024 in O.P.(FC) No.602 of 2024, disposed of the matter directing the Family Court, Kollam, to consider and pass orders on I.A. No.5/2024.

4. The grievance of the petitioner is that even without considering I.A.No.5/2024, The family court is taking hasty steps to dispose of the original petition on the basis of I.A.Nos.13 and 14 of 2025. Meanwhile, the respondents filed O.P.(FC) No.107 of 2025 before this Court seeking expeditious disposal of Ext.P1. As per Ext.P14 judgment, this Court directed the family court to consider and pass orders on Exts.P5 and P6 applications (I.A. Nos.13 and 14 of 2025), if not already considered, and also directed expeditious disposal of the original petition.

5. Heard the learned counsel for the petitioner.

6. The learned counsel for the petitioner submitted that, since the complaints filed before the Customs Authorities are pending, the original petition ought not to be disposed of before a decision is taken in those proceedings.

7. O.P. No.1472 of 2019 was filed in the year 2019, and more than six years have elapsed. Multiple petitions have been filed by both parties. It is pertinent to note that, as per Ext.P14 judgment, this Court has already granted liberty to the family court to consider and dispose of the original petition. If the petitioner has a grievance that I.A. No.5/2024 has not been considered despite the direction issued by this Court in the earlier judgment, it is open to the petitioner to initiate appropriate contempt proceedings for non-compliance.

However, the petitioner has not chosen to do so.

In view of the judgment dated 27.02.2025 in O.P.(F.C)

No.107 of 2025 passed by this Court, we are not inclined to entertain the present original petition.

Accordingly, the Original Petition is dismissed.