IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 OP (FC).No. 664 of 2010(R) -------------------------- OP.709/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER ------------------------------ KRISHNAKUMAR, S/O.DAMODARAN PILLAI, EMPLOYED AS ASSISTANT MANAGER, VEGETABLE AND FRUITS PROMOTION COUNCIL, KERALA, RESIDING AT REMANIKETHAN, PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): --------------- SAIVA, D/O.K.SADASIVAN NAIR, EMPLOYED AS AYURVEDA DOCTOR IN PANCHAKARMA CENTRE, PANKAJA KASTHURI, KATTAKKADA RESIDING AT DLRA-16, DEVASWOM LANE, BETHEL LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM-695004. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- O.P.(FC) No.664 of 2010-R ------------------------------------------------- Dated this the 29th day of November, 2010 JUDGMENT Basant,J. The short prayer of the petitioner in this O.P.(FC) is that O.P.No.709/08 may be heard and disposed of expeditiously out of turn. By order dated 11/11/10 we called for a report from the Family Court. We have received a report dated 19/11/10 of the Family Court. The learned Judge of the Family Court reports that the matter stands listed for trial to 20/12/10 and that the matter shall be disposed of within a period of three months i.e., on or before 19/2/2011. The learned counsel for the petitioner submits that if that can be ensured, the petitioner does not want to seek any further direction from this Court. 2. This petition is, in these circumstances, allowed accepting the report of the learned Judge that the matter shall O.P.(FC) No.664 of 2010 -: 2 :- be disposed of within a period of 3 months i.e., on or before 19/2/2011. Compliance shall be reported to this Court. 3. Hand over a copy of this judgment to the learned counsel for the petitioner for immediate production before the Family Court. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge O.P.(FC) No.664 of 2010 -: 3 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- O.P.(FC) No.664 of 2010-R ------------------------------------------------- Dated this the 11th day of November, 2010 ORDER Basant,J. The petitioner has come to this Court with this O.P.(FC) for an expeditious out of turn disposal of his petition for divorce pending before the Family Court, Thiruvananthapuram. The spouses are aged 36 and 31 years respectively. No children have been born in the wed-lock. The petition was filed in 2008. Unless the matter is taken up for hearing expeditiously, the possibilities of re-marriage of the spouses (in the event the petitioner succeeds in securing an order of divorce) will be marred. It is, in these circumstances, that the petitioner wants an out of turn early disposal of the petition for divorce pending before the Family Court. 2. The petitioner had moved the Family Court for an early out of turn disposal. The same was rejected by the court below O.P.(FC) No.664 of 2010 -: 4 :- on the ground that there is no urgency and the cases filed in 2007 are listed for hearing. 3. We sympathetically take note of the submission of the petitioner that considering the age and situation in life of the parties, there is urgent necessity to take up the matter as expeditiously as possible. We deem it necessary, in these circumstances, to call for a report from the Family Court. We want the Family Court to take up the matter as expeditiously as possible. The Family Court shall convey to us the date by which the O.P. can be disposed of by the Family Court. We want the Family Court to be alertly and compassionately cognizant of the age and situation in life of the contestants in this application for divorce. 4. Await report of the Family Court. Call on 29/11/10. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/