PRASEEDA R NAIR Vs. MUKESH B NAIR

JUDGEMENT

(1.) This original petition is filed seeking a direction to consider and dispose of Exts.P3 and P4 applications in a time bound manner. A direction is also sought for disposal of O.P.(HMA) No.1122 of 2019 on the files of the Family Court, Pathanamthitta, in a time bound manner.

(2.) Petition for dissolution of marriage by mutual consent was filed by the parties to the marriage, before the Family Court, Pathanamthitta as O.P.(HMA) No.1122 of 2019 under Section 13(B) of the Hindu Marriage Act, 1955. According to the petitioner, even though the petition for dissolution of marriage was filed on 21.10.2019, due to the restrictions imposed under Covid-19 regulations, she could not appear for counselling and for giving evidence.

(3.) Petitioner submits that both parties have filed an application as I.A. No.1 of 2020 seeking permission to adduce evidence through videoconferencing. Petitioner also submits that they have filed I.A. No.2 of 2020 seeking to dispense with the counselling process. The aforesaid two applications are produced in this original petition as Exts.P3 and P4. The learned counsel for the petitioner submits that a joint memo has also been filed by both the parties on 19.8.2020 stating that all obligations between the respective parties have been complied with and fulfilled. According to the counsel, even though the case was posted to different dates between 25.8.2020 and 4.9.2020, no orders have been passed till date. It is in these circumstances that the petitioner has approached this Court seeking a direction for an early disposal of Exts.P3 and P4 and also the original petition for dissolution of marriage itself, in a time bound manner. Learned counsel for the petitioner relied on the decision of this Court in Blessy Varghese Edattukaran v. Sonu,2015 5 KHC 458 and that of the Supreme Court in State of Maharashtra v. Dr.Praful B.Desai, 2003 4 SCC 601 in support of his arguments.