Dr.Sreethu Gopi vs Sruthi Janardhanan on 7 June, 2019

Introduction

On June 7, 2019, the High Court of Kerala at Ernakulam delivered a judgment in the case of Dr. Sreethu Gopi vs. Sruthi Janardhanan. The petitioner, Dr. Sreethu Gopi, approached the court seeking an expedited resolution of his petition pending before the Family Court in Irinjalakkuda. The case primarily involved a dispute over the custody of a minor child.

Background

Dr. Sreethu Gopi, aged 34, residing in Kozhikode, filed a petition (O.P No. 582/2018) in the Family Court, Irinjalakkuda, seeking relief under the Guardians and Wards Act, 1890. The petition aimed to secure permanent custody of his minor child, Karthik. The petitioner alleged inordinate delays in the court proceedings, prompting him to seek the High Court’s intervention for a timely resolution.

Key Arguments

The petitioner’s primary argument was centered around the excessive delay in the disposal of his case in the Family Court. He highlighted the urgency of the matter, given the involvement of a minor child and the need for a stable and secure environment for the child’s welfare. Dr. Sreethu Gopi invoked the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India to expedite the process.

Court’s Observations

The High Court, comprising Justice K. Harilal and Justice Annie John, took note of the urgency and significance of the petitioner’s request. The court recognized the petitioner’s concern over the protracted proceedings and the potential adverse impact on the minor child’s well-being due to the delay.

Court’s Decision

The High Court directed the Family Court, Irinjalakkuda, to expedite the disposal of O.P No. 582/2018. The court mandated that the case be resolved within a period of six months from the date of the order, emphasizing the need for prompt action considering the circumstances. The petition was disposed of accordingly, with the directive to the Family Court to prioritize the case.

Conclusion

The judgment in Dr. Sreethu Gopi vs. Sruthi Janardhanan underscores the judiciary’s commitment to addressing delays in family court proceedings, especially in matters involving the welfare of minors. The High Court’s decision to mandate a swift resolution highlights the importance of timely justice in family disputes, ensuring that the best interests of the child remain paramount.

Ref: https://indiankanoon.org//doc/145115386/

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