IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 29450 of 2009(R) -------------------------- OPHMA.642/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- V.AJITHKUMAR, AGED 37, S/O.VISWANATHAN, SATHINIKETHAN, PARATHODU.P.O, ADOOR, PATHANAMTHITTA. BY ADV. SRI.S.PRASANTH RESPONDENT: --------------- ARCHANA L.SOMAN, AGED 33, D/O.SOMASEKHARAN UNNITHAN, PADAMPANADU.P.O, PATHANAMTHITTA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 29450 OF 2009 ============================ DATED THIS THE 5TH DAY OF NOVEMBER 2009 JUDGMENT Basant,J. The learned counsel for the petitioner submits and the report of the learned Judge of the Family Court dated 3-11-2009 confirms that O.P.(HMA) No.642/2009 has already been disposed of. In these circumstances, the learned counsel for the petitioner submits that no further directions are necessary in this writ petition and the same can be dismissed as unnecessary. Request accepted. This writ petition is dismissed as not pressed. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.29450/2009 -2- The short grievance of the petitioner is that I.A.No. 2372/2009 pending before the Family Court, Thiruvalla is not considered and disposed of by the learned Judge of the Family Court. That petition was filed on 10-8-2009 and the crux of the prayer is that in view of the peculiar circumstances O.P.(HMA)642/2009 may be disposed of expeditiously dispensing with the requirement of waiting for six months to make a second motion under Section 13B(2) of the Hindu Marriage Act. There were compelling reasons obliging the petitioner to leave India and the petitioner hence wants his petition to be taken up for consideration expeditiously. 2. Without expressing any views on merits of the prayer in the said petition, we deem it necessary that the Family Court must be directed to dispose of the same as expeditiously as possible. 3. Call this petition again on 2-11-2009. In the meantime the learned Judge of the Family Court shall advance the hearing on I.A.No.2372/2009 and pass appropriate orders in such application. We must say that when such an application is filed for expeditious disposal, there is no merit whatsoever in adjourning the petition for consideration to a distant future date. 4. Await report of the learned Judge,. WPC.29450/2009 -3- 5. Call on 2-11-2009. 6. Handover a copy this order to the learned counsel for the petitioner for immediate production before the Family Court. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.