JINCY Vs. MURALEEDHARAN

JUDGEMENT

(1.) The petitioners filed M.C.No.326 of 2018 on the file of the Family Court, Palakkad, under Sec. 127 of the Code of Criminal Procedure, 1973 against the respondent herein, who is the husband of the 1st petitioner and the father of the 2nd petitioner. The second petitioner is a minor, aged 10 years. Petitioners have filed the said M.C. seeking enhancement of the maintenance amount already awarded by the Family Court in M.C.No.25 of 2013. The petitioners have filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Palakkad, to consider and finalise M.C.No.326 of 2018, on merits, within a reasonable time frame.

(2.) The averments in the original petition would show that in M.C.No.326 of 2018, the respondent entered appearance and filed objections on 15/6/2020. Now the said case stands posted to 13/6/2022 for evidence. According to the petitioners, they filed this original petition in view of the observation made by the Family Court Judge, in open court, on 9/6/2022, that M.C.No. 326 of 2018 will be dismissed on 13/6/2022, since R.P.(F.C.)No.212 of 2016 filed by the petitioners and R.P.(F.C.) No.355/2016 filed by the respondent are pending before this Court, challenging the correctness of the order dtd. 31/3/2016 in M.C.No.25 of 2013. Therefore, the petitioners are seeking expeditious consideration and disposal of M.C.No. 326 of 2018 by the Family Court, Palakkad, on merits.

(3.) Article 227 of the Constitution of India deals with power of superintendence over all courts by the High Court. Under clause (1) of Article 227 of the Constitution, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Clause (2) of Article 227 provides that, without prejudice to the generality of the provisions under clause (1), the High Court may call for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. Going by clause (4), nothing in Article 227 shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.