The Kerala High Court recently ruled that family courts must set specific time frames for disposing of cases when applications for timely resolution are filed. This decision came during a hearing of a divorce case, where the court emphasized the necessity of adhering to set norms for timely justice.
Specific Time Frames for Case Disposal
A division bench, comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar, highlighted the importance of setting specific time frames for case disposal. The court stated that when an application is made for a time-bound resolution, the family court cannot merely respond with an order stating that the case “will be disposed of at the earliest.”
Case Background
In this particular case, the petitioner-wife filed a divorce petition in 2018 under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955, seeking the dissolution of her marriage. In 2022, she submitted an interlocutory application requesting a time-bound disposal of her original petition. The family court allowed her application but only stated that the case “will be disposed of at the earliest,” without specifying a time frame.
Court’s Observation
The Kerala High Court referred to a previous decision in Shiju Joy v. Nisha [2021 (2) KLT 607], which provided guidelines for family courts to ensure timely justice. The court observed that simply stating a case would be disposed of “at the earliest” does not meet the requirements set by the Shiju Joy case. The family court must set a clear time limit in its orders.
Directive for Family Courts
The court emphasized that family courts must pass orders for early hearings or time-bound disposals when valid reasons are presented. If no justifiable reason is given, the application should be dismissed with a brief explanation. The Kerala High Court also directed the family court to expedite the disposal of the original petition in question, aiming to resolve it within three months.
Conclusion
This ruling by the Kerala High Court underscores the necessity for family courts to provide timely resolutions, ensuring justice is served efficiently. By setting clear time frames, the courts can better manage cases and reduce prolonged litigation.
By understanding the importance of timely case disposal and adhering to this directive, family courts can enhance their efficiency and provide swifter justice to those in need.
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