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 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 13025 of 2010(R) -------------------------- OS.346/2006 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- 1. ANITHA, HOUSE NO.83/A, JAWAHAR NAGAR, KOLLAM. 2. ANSYA HASSON (MINOR) REPRESENTED BY MOTHER AND GUARDIAN ANITHA,HOUSE NO.83/A, JAWAHAR NAGAR, KOLLAM. 3. ALISH HASSAN (MINOR) REPRESENTED BY MOTHER AND GUARDIAN ANITHA,HOUSE NO.83/A, JAWAHAR NAGAR, KOLLAM. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENT(S): --------------- ALI HASSAN, S/O.MUHAMMED MUSTAFA RAWATHER, M.M.HOUSE EDATHARA ROAD, PATHIRIKKAL MURI,PATHANAPURAM TALUK KOLLAM DISTRICT. ADV. SRI.JOHNSON GOMEZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.13025 of 2010 ---------------------------------------- Dated this the 4th day of June 2010 J U D G M E N T Basant,J Between the parties, five proceedings are pending before the same Family Court that is Family Court, Kollam. They are O.S.Nos.346 & 347 of 2006 both filed by the wife. O.S.No.347/06 is a claim for recovery of amounts due by way of past and future maintenance etc. O.S.No.346 of 2006 is a claim for divorce under the dissolution of Muslim Marriages Act. Three proceedings are initiated by her husband. O.P.No.487 of 2005 is filed by the husband for custody of the two minor children. O.P.No.184 of 2006 is filed by the husband for declaration of title over an item of property. O.P.No.275 of 2009 is filed by the husband for restitution of conjugal rights. The court below, by the impugned order, directed joint trial of O.S.Nos.346 and 347 of 2006; but rejected the prayer for joint trial of O.P.No.487 of 2005 along with the said suits. It is aggrieved by that order, that is Ext.P12, that this writ petition has been filed. W.P.C.No.13025/10 : 2 : 2. Respondent has entered appearance. After discussions at the Bar, there is an agreement between the counsel that all these five cases can be directed to be taken up together and disposed of expeditiously. We are satisfied that the said request can be accepted. 3. Accordingly, this writ petition is allowed. All the five proceedings referred above shall be tried together as agreed by the parties. There is a prayer for expeditious disposal. The oldest matter pending is O.P.No.487 of 2005. We need only direct the court below to try all the five cases together as expeditiously as possible giving them priority as a proceedings initiated in 2005 as that is the date of initiation of the oldest of the five proceedings. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.13025/10 : 3 : W.P.C.No.13025/10 : 4 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009