IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 20003 of 2010(R) -------------------------- OP.62/2010 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- ALEXIN THOMAS PERERA, AGED 35, S/O.THOMAS PERERA,PALLIKIZHAKKATHIL(MUNDALKKAVILA) VEETTIL, MAYYANAD.P.O, MAYYANAD VILLAGE, KOLLAM TALUK, NOW RESIDING AT SAMADA NIVAS, 134, VIDYA NAGAR, MAYYANAD.P.O, MAYYANAD VILLAGE, KOLLAM TALUK. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- LINJU C.EAPPEN, W/O.ALEX THOMAS PERERA, SULITHA COTTAGE, MAYYANAD P.O, MAYYANAD VILLAGE, KOLLAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.20003 of 2010 ---------------------------------------- Dated this the 21st day of July 2010 J U D G M E N T Basant,J The report of the learned Judge of the Family Court dated 19/7/2010 informs us that I.A.No.1219 of 2010 has been allowed on 08/07/2010 and O.P.No.62/10 has been restored to file. The learned counsel for the petitioner submits that the matter now stands posted to 10/08/2010. The Family Court shall take up the case for hearing and disposal on that date, it is submitted. 2. When the matter comes up before the Family Court on 10/08/2010, the parties can appear and seek final orders in O.P.No.62/10. We are informed that the marriage took place on 09/09/2004 and the parties started separate residence on 10/08/2008. Application under Section 10(A) was filed on 15/1/2010, that is after elapse of a period of one year from the date of commencement of separate residence. The period of six months having elapsed from the date of the petition on 15/7/2010, the petitioner and the respondent can certainly request the Court for final disposal of O.P.No.62/10 when the W.P.C.No.20003 of 2010 2 matter comes up on 10/08/2010. We are satisfied that no further directions are necessary. 3. This petition is, in these circumstances, dismissed as unnecessary. Needless to say, if the matter is not disposed of on 10/08/2010, the option of the parties to approach this Court afresh shall remain unfettered. 4. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.20003 of 2010 3 W.P.C.No.20003 of 2010 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010