IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4388 of 2010(R) ------------------------------------- MC.175/2009 of FAMILY COURT, KASARAGOD .................... PETITIONER(S): ---------------------- NISHA.K.T,AGED 25 YEARS, D/O.K.T.MOHANRAJ,R/AT NINI NIVAS,NEAR RAILWAY STATION,KASARAGOD,KASARAGOD DISTRICT. BY ADV. ]RI.SURESH KUMAR KODOTH RESPONDENT(S): ------------------------- ABHILASH VIJAY,AGED 27 YEARS,ABHILASH, CHINMAYA HOUSING COLONY,VIDYANAGAR POST,KASARAGOD, KASARAGOD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.4388 of 2010-R ---------------------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following reliefs: “i). to issue a direction to the Family Court, Kasargod to dispose of Exhibit P3 application in accordance with law, before trial and disposal of MC No.175 of 2009”. 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is the wife of the respondent. She has filed MC No.175/2009 before the Family Court, Kasargod. Pending the proceedings petitioner filed CMP No.69 of 2010 under Sections 45 and 73 of the Evidence Act for comparison of the specimen voice of the respondent with that of the obnoxious calls made by him to the petitioner recorded so as to prove cruelty. It is stated that the Family Court is not disposing of the said application. Accordingly, she prays that a direction may be issued to the Family Court to dispose of Ext.P3 application, namely, C.M.P.No.69/2010 before MC W.P.C No.4388/2010 -2- No.175/2009 is disposed of. It is stated that the MC is posted for evidence. The writ petition is disposed of directing the Family Court, Kasargod to dispose of Ext.P3 application before it disposes of MC No.175 of 2009. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS