Premanand v. Beena Devi

C.K Abdul Rehim, J.:— The petitioners are the respondents in O.P No. 1481/2013 pending before the Family Court, Chavara. The case was instituted by the respondent seeking for return of money and gold ornaments. It was originally instituted before the Family Court, Kollam as O.P No. 212/2010. It is stated that the petitioners have filed written statement in the case as early as in October 2011 and the case was transferred at the time when it was ripe for trial. It is alleged that the respondent is not interested in prosecuting the case and she seldom appear before the Family Court. Once the case was dismissed for default of the respondent, on 26.04.2013 But it was restored thereafter and transferred to the Family Court, Chavara. It is stated that the first petitioner is a Government employee and the frequent postings in the case is causing difficulty to him. Further it is apprehended that he may get a transfer during this year. It is also mentioned that the 2nd petitioner is an aged lady suffering from various illness and the 3rd petitioner, who is the sister of the first petitioner, is unnecessarily dragged on to this case. Under the above mentioned circumstances, the petitioners are approaching this court seeking direction for an early disposal of the case pending before the Family Court, by invoking supervisory jurisdiction vested by this court under Article 227 of the Constitution of India.

2. Despite service of notice from this court, the respondent has not chosen to enter appearance or contest the case. A report was called for from the Family Court, Chavara. The learned Judge had reported that O.P No. 1481/2013 stands posted for hearing on 03.07.2015 along with I.A No. 361/2015, filed seeking to amend the O.P It is further reported that six months time is required for disposal of the case.

3. This court takes note of the report submitted by the Family Court expressing willingness to dispose of the matter within a period of six months. On that basis the writ petition is hereby disposed of by directing the Family Court, Chavara to take earnest efforts for an early disposal of the matter, within the time mentioned as above.