In a recent ruling, the Kerala High Court emphasized that family courts must provide a specific time frame for case disposal when a request for time-bound resolution is made. Simply stating that the case will be “disposed of at the earliest” is not sufficient.
A division bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar made this observation while hearing a divorce case. The court clarified that if the applicant provides valid reasons for a speedy hearing or time-bound disposal, the family court must set a clear timeline for the case.
In this particular case, the petitioner, a wife, had filed for divorce in 2018 under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955. In 2022, she filed an interlocutory application requesting a time-bound resolution of her divorce case. The family court granted the application, but only stated that the matter would be resolved “at the earliest.”
The Kerala High Court referred to a previous case, Shiju Joy v. Nisha [2021 (2) KLT 607], which had set guidelines for ensuring timely justice in family courts. The court noted that simply saying a case will be resolved at the earliest does not align with these guidelines.
The court pointed out that the family court made an error by not setting a specific time limit in its order. Although the petition was filed in 2018 and the request for a time-bound resolution was made in September 2022, the case remained unresolved despite repeated postings.
The Kerala High Court ruled that when a valid request for an early hearing is made, the family court must either approve the request with a clear time frame or reject it with a brief explanation. The court also directed the family court to resolve the pending case within three months.
This ruling reinforces the need for family courts to ensure timely justice and avoid unnecessary delays in case disposal.
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