IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 OP (FC).No. 3250 of 2011(R) --------- --------------------------- OP.267/2010 of FAMILY COURT, KOTTAYAM ................................... .................... PETITIONER: --------------------- NIJI SUSAN JOHN, D/O.T.VARKEY JOHN, AGED 31 YEARS, SINIJI VILLA, MUNDUKOTTACKAL P.O., PATHANAMTHITTA-689 649. BY ADVS. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): ------------------------ ROBIN M.MATHEN, S/O.MATHEN C TITUS, CHACKIZHETHU THUNDIYIL, MEZHUVEU P.O., KOZHENCHERY TALUK, PATHANAMTHITTA-689 507. R1 BY ADV. SRI.R.S.KALKURA THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU OP (FC).No. 3250 of 2011(R) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE ORDER OF PROTECTION DTD 27/12/2006 ISSUED BY THE CRIMINAL COURT OF CITY OF NEW YORK AGAINST DOMESTIC VIOLENCE CRIMES AND FAMILY OFFENCES. P2 : COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P.267/2010 ON THE FILES OF THE FAMILY COURT, THIRUVALLA. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- O.P(FC).No.3250 OF 2011 ---------------------------------------- Dated this the 15th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. We have seen the order dated 11.10.2011 and the report of the Judge of the Family Court. Now, the respondent also tells us that there is an application for restitution of conjugal rights, filed before the Family Court, Thiruvalla. This obviously means that, that O.P. and the application for divorce in relation to which this O.P. is filed, have to be tried and disposed of contemporaneously or by joint trial as may be found necessary by the learned Judge. As of now, there is no officer posted to the Thiruvalla Court and what is now made is a charge arrangement with the Pathanamthitta court. Counsel for the respondents states that the counselling is not over. Under such circumstances, we are not persuaded to issue any direction under Article 227 of the Constitution for an out of turn consideration of a 2010 matter, OPFC.3250/11 2 though we leave it open to the petitioner to file an application before the court below for early disposal of the matter. The original petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge kkb.17/11