IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 21392 of 2010(R) -------------------------- OP.929/2009 of FAMILY COURT,KOLLAM .................... PETITIONER(S): ------------------------- PREETHY R.PILLAI, D/O.RAJENDRAN PILLAI, SAROVARAM POZHIKKARA, PARAVOOR P.O., KOLLAM DISTRICT. BY ADVS. SRI.R.KISHORE, SRI.G.HARIPRASAD. RESPONDENT(S): ---------------------------- J.DYNE PRAKASH, AGED 22, S/O.V.JAYAPRAKASH, MUNDACKAL VEEDU, ERAN, CHATHANOOR P.O., KOLLAM - 691 572. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010 ALONG WITH WPC NO. 21423 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.21392 of 2010 ---------------------------------------- Dated this the 26th day of July 2010 J U D G M E N T Basant,J This judgment must be read in continuation of our orders in both these writ petitions on 14/7/2010. The report of the learned Judge of the Family Court has been received. The learned Judge reports that matters shall be disposed of within a period of six months from 13/08/2010. The learned counsel for the petitioner accepts that if the said undertaking is complied with, the petitioner does not want to seek any further reliefs. 2. These writ petitions are, in these circumstances, allowed. The undertaking by the learned Judge of the Family Court is accepted. The original petitions shall be disposed of by 13/2/2011. Compliance shall be reported to this Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C. No.21392/10 : 2 : W.P.C. No.21392/10 : 3 : The petitioner herein is the petitioner before the Family Court, Kollam in an application for declaration of nullity of marriage or in the alternative, dissolution of such marriage. The marriage has been registered under the provisions of the Special Marriage Act. To put it in a nut shell, it is the contention of the petitioner that there was no marriage proper or consequent co- habitation. She has been compelled to subscribe her signature to certain documents. It is, in these circumstances, that the relief for declaration of nullity of marriage or in the alternative, divorce is claimed. 2. The said petition is pending before the Family Court as S.M.A(o.p).929/2009. The learned counsel for the petitioner submits that even the counselling is not over yet and both parties have already appeared before Court. It is the request of the petitioner that there may be a direction for out of turn expeditious disposal of the said petition. The future of the petitioner revolves around the fate of the petition. She has to get married again, if she succeeds. Precious time is being lost. It is, in these circumstances, that the petitioner has come to this Court with this prayer for a direction to the Family Court for an W.P.C. No.21392/10 : 4 : out of turn expeditious disposal. 3. Did the petitioner move the court below showing reasons to support her claim for out of turn expeditious disposal? Though it is said at the Bar that several requests were made, there is no assertion that any particular petition was filed for that relief. We must express our dissatisfaction and deprecate such practice of parties rushing to this Court with such application for out of turn expeditious disposal without and before moving the court concerned. 4. But, all the same, in the peculiar facts and circumstances of this case, we are not persuaded to dismiss this petition in limini. We are satisfied that report of the Family Court can be called for. In such report, the Family Court shall report to this Court when and by what time the matter can be taken up and disposed of finally. 5. Await report of the Family Court. Call on 26/7/2010. 6. The registry shall forthwith communicate this order to the Family Court. W.P.C. No.21392/10 : 5 : (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.C. No.21392/10 : 6 : W.P.C. No.21392/10 : 7 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009