IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 OP (FC).No. 898 of 2010(R) -------------------------- OP.215/2010 of FAMILY COURT, PALAKKAD .................... PETITIONER -------------------- AJITH S., AGED 39 YEARS, S/O.LATE K.N.SUKUMARAN NAIR, PERMANENT RESIDENT OF GEETHANJALI, THOTTAKKATTU THARAYIL , KODUVAYUR, PALAKKAD DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SRI.RAHUL VENUGOPAL RESPONDENT: --------------- JAYA, AGED 39 YEARS, D/O.GOPALAKRISHNAN, SREERAGAM, PARAMESH NAGAR, OLAVAKKODE, PALAKKAD DISTRICT, PIN-678002. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.898 of 2010 ***************************** Dated this the 29th day of November, 2010 JUDGMENT BASANT, J. The plight of the petitioner is indeed unenviable. He and his wife had filed a joint application for divorce by mutual consent under Section 13 B of the Hindu Marriage Act. The original joint petition claiming divorce by mutual consent, ie. O.P.No.215 of 2010, was filed before the Family Court, Palakkad, on 19.03.2010. It was posted to 05.10.2010. Counselling is over. The learned Judge of the Family Court was not sitting on that day. At present there is no incumbent in office as the Family Court Judge, Palakkad. The petitioner is employed abroad. He wants the matter to be disposed of at the earliest. He had filed an application to advance hearing of the matter to ensure disposal while he was available in India. It is the grievance of the petitioner that the learned Judge presently in charge of the Family Court, ie. the District Judge, Palakkad, did not take up the matter for hearing. A petition to that effect was filed as Ext.P1. No orders have been passed on that application. The matter now stands posted to 17.12.2010. The learned counsel for the petitioner only prays that at least on 17.12.2010, if not - earlier, O.P(F.C) No.898 of 2010 2 the learned District Judge may be directed to dispose of O.P.No.215 of 2010. The petitioner is willing to file the requisite application and affidavits, it is submitted. Both petitioners now want O.P.No.215 of 2010 to be disposed of expeditiously, it is submitted. 2. We have considered the submissions of the learned counsel for the petitioner. We find merit in the request that this joint application for divorce by mutual consent must be taken up on 17.12.2010 by the Family Court, Palakkad, if a regular incumbent is posted to that court by that day or by the court holding charge of the Family Court. The petitioner undertakes that both the petitioners shall be appearing before the Family Court or the District Court as the case may be on that day. He prays that O.P.No.215 of 2010 may be directed to be posted on that day. 3. We find merit in that request. We direct the Family Court, Palakkad (or the District Judge, Palakkad, if he is in charge of the Family Court on that day) to take up O.P.No.215 of 2010 for hearing and disposal on 17.12.2010 and to ensure that the same is disposed of expeditiously - on 17.12.2010 itself, unless there are compelling reasons to adjourn the case. O.P(F.C) No.898 of 2010 3 4. This petition is, in these circumstances, allowed in part to the above extent. 5. Hand over a copy of this judgment to the learned counsel for the petitioner. 6. Call this petition again on 22.12.2010 for report regarding compliance to be submitted by the Family Court/District Judge. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/