IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 OP (FC).No. 1584 of 2011(R) ------------------------------------- PETITIONER (S): ----------------------- JYOTHI.R.S., D/O.SURENDRAN PILLAI, JYOTHI BHAVAN, POOTHAKULAM CHERRY, POOTHAKULAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ------------------------ M.G.RADHAKRISHNAN, S/O.GOPALA PILLAI, MULAMOOTTIL HOUSE, T.K.M.COLLEGE.P.O., KARICODE CHERRY, MANGAD VILLAGE, KOLLAM. PIN-691 015. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPFC NO.1584/2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE OP(C) NO.928/2008 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM. EXT.P2.TRUE COPY OF THE OP(HMA) NO.825/2010 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM. EXT.P3.TRUE COPY OF THE IA NO.1262/2011 IN OP © NO.928/2008 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1584 of 2011 ---------------------------------------------- Dated, this the 9th day of June, 2011 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows; “i) to direct the Family Court, Kollam to allow Ext.P3 application for joint trial and dispose of O.P.(C) No.928/2008 and O.P.(HMA) No.825/2010 within a stipulated time as directed by this Hon'ble Court. ii) to direct the Family Court, Kollam to allow Ext.P3 application for joint trial and dispose of O.P.(C) No.928/2008 and O.P.(HMA)No.825/2010 within a stipulated time as directed by this Hon'ble Court by giving preference to the request of the petitioner's parents as senior citizens.” 2. The case of the petitioner is as follows: Petitioner is a High School Assistant. According to the petitioner, she has filed Ext.P3 application for joint trial of O.P.(C) No.928/2008 and O.P.(HMA)No.825/2010. Petitioner is the petitioner in both the above cases. Respondent is the sole respondent. O.P.No.928/2008 is filed for recovery of gold ornaments and money. O.P.(HMA) No.825/2010 is filed for dissolution of marriage. It is stated that petitioner filed M.C. 219/2009 and respondent filed O.P.(G&W) No.861/2009. Petitioner and respondent appeared before the Family Court in all the cases, counseling was over and there is no scope for re-union. It is the case of the petitioner that the respondent, in order to protract the case is adjourning the matter by stating reason one by another for OPFC 1584/2011 -2- the last 29 months. It is the further complaint of the petitioner that petitioner's parents are senior citizens suffering from old age and they are very much desirous of conducting the second marriage of the petitioner at an early date during their life time and now certain proposals of 2nd marriage are come. 3. The cases are of the year 2008 and 2010. In the circumstances of the case, we pass the following order: There will be a direction to the Family Court, Kollam to take up Ext.P3 application and dispose of the same within a period of two weeks from the date on which a copy of this judgment is produced before it. As far as early disposal of the cases is concerned, in the circumstances pleaded by the petitioner, we direct the Family Court, Kollam to decide both the cases mentioned above at the earliest. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS