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 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 26737 of 2009(R) -------------------------- OP.372/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- C.ASWANI KUMAR, S/O.CHELLAPPAN PILLAI, RESIDING AT "MAYA", FOREST OFFICE LANE, VAZHUTHACAD, THIRUVANANTHAPURAM. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- K.S.JAYALAKSHMI, D/O.SUBHADRAMMA, RESIDING AT "KARUNA", KPRA 67, T.C.NO.3/1318(7), MAMKULAM LANE,MARAPPALAM, PATTOM P.O., THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.26737 of 2009 ---------------------------------------- Dated this the 7th day of October 2009 J U D G M E N T Basant,J The short prayer of the petitioner in this O.P is that O.P.No.372/07 pending before the Family Court, Thiruvananthapuram may be directed to be disposed of expeditiously. According to the learned counsel for the petitioner, this case is not included in the list of targeted cases for disposal and in these circumstances, the court below is not proceeding to take up the matter. According to the petitioner, there are compelling reasons which justify an out of turn expeditious disposal of O.P.No.372/07. The learned counsel for the petitioner has taken us through the history of the litigation which appears to suggest that there is merit in the prayer for an out of turn early disposal of the case. 2. We asked the learned counsel for the petitioner whether any application has been filed before the court below raising the request for such an out of turn expeditious disposal. Normally and ordinarily such relief must be sought from the court concerned. The petitioner must apprise the Family Court of the circumstances which oblige the court to take up the matter out of turn W.P.C No.26737/09 2 notwithstanding the fact that the case is not included in the list of targeted cases for disposal during the year. We have no reason to assume that if sufficient reasons are shown, the Family Court will not proceed to consider the request favourably. At any rate, without and before moving that court, we find no justification in the petitioner moving this court seeking the relief of out of turn expeditious disposal. 3. This writ petition is, in these circumstances, dismissed; but with the specific observation that it shall be open to the petitioner to move the Family Court for an out of turn expeditious disposal of O.P.No.372/07 urging all grounds in support of that prayer. The learned Judge of the Family Court must consider such application and pass appropriate orders. Needless to say, if aggrieved by such order of the learned Judge, the option of the petitioner to approach this court to seek further direction shall remain unfettered. 4. Hand over copy of this order to the learned counsel for the petitioner so that the petitioner can produce the same while moving the court for out of turn expeditious disposal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.26737/09 3 W.P.C No.26737/09 4 W.P.C No.26737/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009