Early posting petition to be filed in FC
If any party decides to move an application for an early hearing of any case in the family court, he shall move the family court at the first instance.
A motion made by a party for an early hearing or time-bound disposal of a case or cases for any justifiable or valid reason has to be dealt with appropriately by the Family Court, by passing an order for early hearing or time-bound disposal of that case or cases.
Dispose of the petition within two weeks
The family court shall dispose of such application as expeditiously as possible on merit, at any rate within two weeks from the date of moving such an application.
This is what the High Court of Kerala says in Neetu Jagadish v Manu Mohan Mani [2023 (3) KHC 121 (DB).
It would be open to the family court to pass orders on such application in the chambers. Disposal of application by merely saying that the case will be disposed of at the earliest is not proper.
Dismiss the petition in case of no sound reason
In case the applicant has not stated any justifiable or valid reason for early hearing or time bound disposal, the family court has to dismiss that application stating briefly the reasons.
Order early hearing in other case
On the other hand, if the applicant has stated any justifiable or valid reason for early hearing or timebound disposal, the Family Court has to pass an order in that interlocutory application, ordering early hearing or time-bound disposal of that case or cases, specifying the time limit in that order.
