IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15609 of 2010(R) -------------------------- OP.365/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: --------------- K.S.TEPZI, W/O.JOBY WESLEY, BETHEL BUNGLOW, PAYAD PO, THIRUVANANTHAPURAM. BY ADV. SRI.D.VIJAYAKUMAR RESPONDENT: --------------- JOBI WESLEY,S/O.J.WESLEY, BETHEL, DAS NAGAR, ARAMADA PO THIRUVANANTHAPURAM., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.15609 of 2010 ********************* Dated this the 21st day of May, 2010 JUDGMENT The petitioner had filed a petition for divorce etc. before the Family Court, Thiruvananthapuram. She has filed that petition against the respondent herein, her husband. That petition has been pending from 2008. It is numbered as O.P.No.365 of 2008. 2. The petitioner has come to this Court for a direction to the Family Court for an out of turn early disposal of the said petition. Has the petitioner moved any application before the Family Court? What, if any, is the stand taken by the court below? The learned counsel for the petitioner submits that it appears to him that an application for an out of turn early disposal of the said O.P has already been filed before the Family Court. The number and details are not furnished. If any such application has been filed, needless to say, the Family Court shall expeditiously dispose of the said application. We have no reason to assume that the Family Court shall not properly consider the prayer of the petitioner for an early out of turn expeditious W.P(C) No.15609 of 2010 2 disposal, if she has reasons to substantiate the same. We deprecate the course adopted by the petitioner of rushing to this Court with this petition without and before moving the Family Court. 3. This Writ Petition is, in these circumstances, dismissed, but with the specific observation that if the petitioner files or has already filed any such application for an out of turn expeditious disposal of O.P.No.365 of 2008 filed by him, the court below must consider the same and pass appropriate orders on merits. 4. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the court below when such an application is filed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/