IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 16357 of 2010(R) -------------------------- OP.1064/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER(S): --------------- SUBHAMOL RAJAN SUBHA NIVAS, HOUSE NO.RLRA-170 RADHAKRISHNA LANE, VAZHAYILA, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.G.UNNIKRISHNAN SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- AJITHKUMAR APPUKUTTAN T.C.1/1038/4, CHAITHANYA GARDENS IRUMARATHU LANE, MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM, REPRESENTED BY POWER OF ATTORNEY HOLDER N.APPUKUTTAN NADAR, T.C.1/1038/4 CHAITHANYA GARDENS, IRUMARATHY LANE, TVM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.16357 of 2010 ---------------------------------------- Dated this the 14th day of June 2010 J U D G M E N T Basant,J We have perused the report dated 31/5/2010 submitted by the Family Court, Nedumangad. The report of the Family Court shows that both O.P.Nos.1266 of 2008 and 454 of 2009, which have been ordered to be jointly tried, stand posted for evidence to 01/07/2010. The learned Judge undertakes that within a period of six months, both the cases shall be disposed of. We are satisfied, in these circumstances, that the said request of the learned Presiding Officer can be accepted. Appropriate directions can be issued. 2. The learned counsel for the petitioner points out that in these O.Ps, an Advocate Commissioner has been appointed to record evidence. It is prayed that there may be a direction to the Advocate Commissioner to record evidence immediately. That request appears to us to be legitimate. 3. We do, in these circumstances, allow this writ petition in part and direct the court below to dispose of both W.P.(C).No.16357/10 : 2 : O.P.Nos.1266 of 2008 and 454 of 2009, as expeditiously as possible, at any rate, prior to 01/01/2011, as undertaken by the court below. We do further observe that if the court wants the evidence to be recorded by a Commissioner (the one who has already been appointed or any other in the discretion of the court) the court below must issue immediate direction to that effect. 4. Hand over copy of this order to the learned counsel for the petitioner who shall produce the same before the Family Court immediately. Registry shall also communicate the order to the court below forthwith. Compliance shall be reported to this Court by the Family Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(C).No.16357/10 : 3 : The short grievance of the petitioner is that three proceedings all pending before the Family Court, Nedumangad, in which she is a party, are not being disposed of expeditiously. O.P.No.1064/2008 is reckoned as the leading case. All cases are ripe for disposal. The short prayer in this O.P is that all the three cases may be ordered to be disposed of immediately. 2. The request does appear to us to be fair and legitimate. We deem it necessary that a report be called for from the Family Court as to why the said matters are not being taken up for disposal and what time will be required for the court below to dispose of the cases. We need only mention that, if possible, the court must make every endeavour to dispose of O.P.No.1064/2008 and connected cases. 3. Await report of the Family Court. Call on 14/6/2010. W.P.(C).No.16357/10 : 4 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009