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2026 Supreme(Online)(Ker) 27424

IN THE HIGH COURT OF KERALA AT ERNAKULAM
J Nisha Banu, Shoba Annamma Eapen, JJ
Dileep P – Appellant
Versus
Midhula R – Respondent
OP (FC) NO. 243 OF 2026



Advocates:
For the Appellants/Petitioners: BALRAM S.A., POOJA P.O.
For the Respondents: SARATH M.S

High Court directs Family Court to expeditiously dispose divorce interlocutory application within four weeks.

Headnote:The petitioner filed an original petition seeking directions to the Family Court for expeditious disposal of an interlocutory application in a pending divorce petition under relevant family law provisions. The Family Court had not disposed of I.A. No.1/2026 in O.P. No.1795/2023 filed on 15.03.2026. The High Court considered the limited prayer and pendency of the application. Issues framed involve directing time-bound disposal of the divorce-related application. The court directed expeditious consideration, noting the need for cooperation in trial proceedings. The Family Court is directed to dispose of I.A. No.1/2026 in O.P. No.1795/2023 within four weeks from receipt of certified copy; respondent to cooperate, failing which disposal on merits.

Table of Content
1. petition seeks time-bound divorce application disposal. (Para 1 , 2)
2. counsel arguments heard. (Para 3)
3. directs family court expeditious disposal with cooperation. (Para 4)

JUDGMENT

J.Nisha Banu, J.

This original petition is filed by the petitioner/husband seeking a direction to the Family Court, Palakkad, to dispose of I.A.No.1 of 2026 in O.P.No.1795 of 2023, filed for divorce in a time-bound manner. The respondent herein is the wife of the petitioner.

2. It is the case of the petitioner that I.A. No.1 of 2026 in O.P. No. 1795 of 2023 was filed before the family court on 15.03.2026 seeking expeditious disposal of the said original petition, and that the said application is still pending consideration.

3. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent.

4. Considering the limited prayer in this original petition and also taking note of the pendency of I.A.No.1 of 2026 before the Family Court, we are inclined to dispose of this original petition as follows:

The Family Court, Palakkad, is directed to consider and pass appropriate orders in I.A. No.1 of 2026 in O.P. No.1795 of 2023 as expeditiously as possible, and at any rate, within a period of four weeks from the date of receipt of a certified copy of this judgment. The respondent is directed to co-operate with the trial. If she does not co-operate, the learned Judge is directed to dispose of the matter on its own merits.

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