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2026 Supreme(Online)(Ker) 26288

IN THE HIGH COURT OF KERALA AT ERNAKULAM
J. NISHA BANU, SHOBA ANNAMMA EAPEN, JJ
SHRUTHI P.P – Appellant
Versus
SHAJU K – Respondent
OP (FC) NO. 257 OF 2026 | OP NO.1182 OF 2024 OF FAMILY COURT, TIRUR



Advocates:
For the Appellants/Petitioners: SRI.P.T.SHEEJISH

High Court directs Family Court to adhere to existing timeline for matrimonial petition disposal under Article 227.

Headnote:The petitioner filed an original petition under Article 227 of the Constitution seeking directions to the Family Court to expeditiously dispose of a pending matrimonial petition for dissolution of marriage, citing delays causing prejudice and hardship. The Family Court had earlier fixed a timeline of 1.5 years for disposal in an interlocutory application. The High Court examined the records and noted the timeline already set, with six months elapsed. The issue framed was whether directions for speedy disposal were warranted given the existing order. The court observed that the prior order dated 02.09.2025 in I.A.No.3 of 2025 adequately addressed the request, and no further intervention was needed beyond enforcing that timeline. The court disposed of the petition directing the Family Court to consider and pass orders as per the existing order dated 02.09.2025.

Table of Content
1. petition seeks directions for expeditious disposal of pending matrimonial op. (Para 1 , 2)
2. counsel urges speedy disposal due to petitioner's travel plans. (Para 3)
3. family court fixed 1.5-year disposal timeline. (Para 4)
4. high court directs adherence to existing family court timeline. (Para 5)

JUDGMENT

Nisha Banu, J.

This Original Petition (Family Court) is filed by the petitioner seeking for a direction to the Family Court, Tirur, to consider and dispose of Ext.P1/O.P.No.1182 of 2024 within a time limit to be fixed by this Court.

2. The brief facts of the case as alleged by the petitioner is that the petitioner is the wife and the respondent is the husband. O.P. No. 1182 of 2024 pending before the Family Court, Tirur, is filed by the petitioner/wife seeking dissolution of marriage against the respondent/husband. According to the wife, since 2024 the said Original Petition is pending before the Family Court, and trial is in slow mode and, the Original Petition is being adjourned repeatedly without final disposal. The long pendency of the said O.P. before the Family Court, Tirur, is causing serious prejudice, hardship and mental agony to the petitioner. The petitioner, left with no other efficacious alternative remedy, prefers this Original Petition (FC) invoking Article 227 of the Constitution of India seeking a direction to the Family Court, Tirur to take up and dispose of O.P. No. 1182 of 2024 expeditiously within a time limit.

3. This Court heard the learned counsel for the petitioner, who submitted that the petitioner is waiting to travel to Europe and therefore, the learned counsel seeks some accommodation for speedy disposal of O.P. No. 1182 of 2024 pending before the Family Court, Tirur.

4. On a perusal of the records, we notice that the Family Court has already passed Ext.P3 order dated 02.09.2025 in I.A.No.3 of 2025 in O.P.No.1182 of 2024, wherein it has been stated that the Family Court can dispose of the matter within 1 and ½ years (Time fixed considering the other old cases pending before that Court).

5. Having heard the learned Counsel for the petitioner and on a perusal of the records produced before this Court and also considering the fact and circumstances of the case, we are of the view that since already an order has been passed that the Family Court can dispose of the matter within 1 and ½ years, and already six months are over, the Family Court, Tirur, shall consider and pass orders as stated in the order dated 02.09.2025 in I.A.No.3 of 2025 in O.P.No.1182 of 2024.

This Original Petition (FC) is disposed of, with the above direction.

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