Kerala High Court: Family Courts Must Set a Clear Time Limit for Case Disposal
The Kerala High Court recently ruled that when someone asks the family court to hear a case quickly, the court must set a specific deadline. Saying that the case “will be disposed of at the earliest” is not enough.
This decision was made by a division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar during a divorce case hearing. The court stated that if a party gives a valid reason to speed up the process, the family court should clearly mention a time frame for the hearing or disposal of the case.
The case involved a petition filed by a wife in 2018 under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955, seeking divorce. In 2022, she filed an interlocutory application requesting that the case be handled within a fixed time. The family court allowed the application but only said it would dispose of the case “at the earliest” without setting a timeline.
The High Court referred to an earlier judgment in Shiju Joy v. Nisha [2021 (2) KLT 607], which gave clear instructions that family courts must follow strict timelines to ensure fast justice.
The High Court criticized the family court for failing to fix a time frame, even though the original petition had been pending since 2018. Despite repeated listings, the matter had not been resolved.
The bench made it clear: if a party makes a valid request for early hearing, the family court must respond properly by giving a time-bound order. If the reason is not justified, the application should be rejected with a brief explanation.
Finally, the High Court instructed the family court to dispose of the case within three months.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
