IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2399 of 2009(S) ------------------------- PETITIONER(S): --------------- THOMASKUTTY, AGED 46 YRS,S/O.DANIEL, GLORIA BHAVAN,KARUPPUR VILLAGE, NOW RESIDING AT MEGHALAYA,PANDARAKONAM,ANADU.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------- SIBI THOMAS,GLORIA BHAVAN,KARINGOYIL COLONY,KARIPPUR VILLAGE,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & C.T.RAVIKUMAR, JJ. ------------------------------- W.P.(C) No.2399 of 2009 ------------------------------- Dated this the 23rd January, 2009 J U D G M E N T Raman, J. The writ petitioner is the petitioner in O.P.No.925 of 2005, on the file of the Family Court, Nedumangad, which was filed for dissolution of marriage. O.P.No.1793 of 2005 was filed by the wife, the respondent herein, before the very same court for dissolution of marriage. The court below ordered for a joint trial. The evidence is ordered to be recorded through an Advocate Commissioner appointed by the court. The grievance of the petitioner is that though several postings were made by the Advocate Commissioner for the purpose of recording the evidence, no co-operation is forthcoming from the other side, and the same is being dragged on. The learned counsel appearing for the petitioner seeks a direction to the Family Court to give necessary direction to the Advocate Commissioner by invoking Rule 159 of Civil Rules of Practice. Admittedly, the W.P.(C) No.2399 of 2009 2 petitioner has not moved any such application before the Family Court under Rule 159 of Civil Rules of Practice. 2. The very purpose of appointing an Advocate Commissioner is to save the time of the Court and to expedite the final disposal. In this case, the very purpose is defeated. Hence, if the petitioner moves an application invoking Rule 159 of the Civil Rules of Practice and seek a direction from the Family Court to issue necessary directions to the Advocate Commissioner, the Family Court will look into the matter and pass appropriate orders to redress the grievance. The writ petition is disposed of as above. P.R.RAMAN, JUDGE C.T.RAVIKUMAR, JUDGE. nj.