IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28882 of 2009(R) -------------------------- OP.767/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER : --------------- SHAJIL KUMAR, S/O.BALAKRISHNAN, AGED 37 YEARS, `PRATHIBHA', MUNDUPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDEN: --------------- ANITHA, D/O.SREEDHARAN VAYDHIAR, ANITHALAYAM, NAYARUPADIKKAL, PANDIMUTTOM, THEYYALUKKAL, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.28882 of 2009 ------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT BASANT, J. The petitioner had initiated proceedings for divorce against the respondent, his wife. That proceedings were initiated before the Family Court at Kozhikode. The respondent/wife had filed an application for transfer and the case has been transferred to the Family Court, Malappuram. It was originally numbered as O.P.No.369 of 2009 before the Kozhikode court. It has now been renumbered as O.P.No.767 of 2009 before the Malappuram court. After transfer, the petitioner had received Ext.P2 notice directing him to appear before the Family Court, Malappuram on 29.09.09. According to the petitioner, both parties have appeared before the Family Court, Malappuram and the matter is pending before that court. It is at this juncture that the petitioner has rushed to this Court with this petition. The short prayer in this petition is that O.P.No.767 of 2009 may be directed to be disposed of expeditiously. W.P(C) No.28882 of 2009 2 2. Parties, Ext.P2 reveals, were directed to appear before the Family Court only on 29.09.09. We are today on 13.10.09. The learned counsel for the petitioner was requested to explain why he has rushed to this Court at this juncture with a petition like this. He responds to a specific query by this Court that no such application for out of turn expeditious disposal has been filed before the Family Court. It cannot be said that there is undue delay in the disposal of the case, the parties having been summoned to appear before the Family Court, Malappuram only on 29.09.09. If the petitioner feels that there are sufficient reasons to justify a direction from the Family Court to enable expeditious out of turn disposal, the petitioner must certainly move that court for such relief. Of course if there are sufficient reasons and the prayer for early disposal is turned down by the Family Court, the petitioner's option to come to this Court would remain unfettered. It is of course true that all matters pending before Courts must be disposed of expeditiously and more so, where the dispute is one relating to divorce. But all that do not persuade us to invoke our jurisdiction under Article 227 of the Constitution of India at this juncture when the petitioner has not chosen to move the Family Court claiming the relief of expeditious out of turn disposal. W.P(C) No.28882 of 2009 3 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, Malappuram praying for an out of turn expeditious disposal giving the reasons that justify such a request. Needless to say, the Family Court shall, if such an application is filed, consider the same in accordance with law and pass appropriate orders. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-