IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 36557 of 2009(R) -------------------------------------------------- OP.1075/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): --------------------- PRAMOD KUMAR, AGED 27 YEARS, S/O.SIVANANDAN, MANOJ BHAVAN, THONNAKKADU MURI, CERIYANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): -------------------------- 1. REMYA RAJAN, D/O.RAJAN, ATHIPALLI VEEDU, BHUDANOOR, KIZHAKKUM MURI, ENNAKADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. GINSON, S/O.JOSEPH CHACKO, PUTHUVAKKAL PUTHEN VEEDU, MANKAMKUZHI MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & P.Q. BARKATH ALI, JJ. -------------------------------------------------- W.P(C). NO. 36557 OF 2009 R --------------------------------------------------- Dated this the 4th January, 2010 JUDGMENT K.M. Joseph, J. The prayer in the Writ Petition is to issue a writ of mandamus or direction commanding the Family Court, Alappuzha to dispose of O.P.No.1075/2009 for divorce within a stipulated time. Briefly put, the case of the petitioner is as follows: Petitioner has filed a Habeas Corpus Petition before this Court as W.P.(Crl). No.318/2009. Ext.P2 is the Report filed on investigation by the Police to the effect that the first respondent was living with the second respondent and they are trying to trace out them. It is the further case of the petitioner that the first respondent along with the second respondent appeared before this Court and submitted that they are not in illegal custody of any body and the first respondent is not willing to go WPC.36557/09 R 2 back with the petitioner. Ext.P3 is the Judgment of this Court. Thereupon, the petitioner filed Ext.P4 petition seeking dissolution of the marriage along with a petition to dispense with the existing period of one year. 2. We heard the learned counsel for the petitioner. This Court had called for a Report from the Family Court. The Family Court has reported that the O.P. stands posted to 21.5.2010 and the petitioner was advised to submit an advance petition which the Court is bound to consider depending on the urgency shown. Having regard to the facts, the Writ Petition is disposed of directing the Family Court, Alappuzha to dispose of Ext.P4 as early as possible. We are not pronouncing on the question of grant of leave which was made subject to the Objection of the respondents. Sd/= K.M. JOSEPH, JUDGE Sd/= P.Q. BARKATH ALI, JUDGE kbk. // True Copy // PS to Judge