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Kerala High Court Issues Guidelines To Family Courts For Early Disposal Of Cases

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Kerala High Court Issues Guidelines To Family Courts For Early Disposal Of Cases
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The Kerala High Court on Tuesday has issued various directions to streamline a uniform procedure for the disposal of cases pending before the Family Courts in the State.

In this case, The petitioners who are parties to different proceedings, have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution and sought for directions to the Family Courts to expeditiously dispose of pending proceedings.

A Division Bench comprising of Justice A Muhamed Mustaque and Justice CS Dias observed,

“The supervisory jurisdiction of this Court impels us to issue directions to streamline the procedure as conceived under law to avoid failure of justice. Failure of justice in this context is to be understood to the non-adherence of rules which ensures the right of the disputants to get timely justice. These normative and procedural outlines, which are illustrative in nature, shall be scrupulously followed by the Family Courts. “

The guidelines have been issueed after extensive consultations with Presiding Officers of Family Courts.

The State of Kerala, which accounts for 3% of Country’s population, has one of the highest numbers of matrimonial cases in the Nation. The statistics available with the National Judicial Data Grid (NJDG) gives a clear picture of the story. At present, there is a staggering 104015 cases pending in the 28 Family Courts in the State.

“We could feel the stress and pressure of the Presiding Officers of the Family Courts who are burdened with a huge backlog. Some of the Family Courts are compelled to board more than 200 cases a day in an attempt to clear the arrears. The delay in disposal of the cases has resulted in large number of interlocutory applications being filed on day-to-day basis. We apprehend that the backlog is leading to a collapse of justice delivery system, which stands portrayed in the large number of original petitions being filed before this Court seeking for the speedy disposal of the proceedings.” the Court noted.

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