IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 OP (FC).No. 549 of 2010(R) -------------------------- OP.1103/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------------- PRAVEEN, S/O. RAMANKUTTY MENON, THYLOTH THEEKUMURI DESOM, PUTHENCHIRA VILLAGE, THRISSUR. BY ADV. SRI.T.N.MANOJ RESPONDENT: --------------- SMT. POOJA, D/O. VALSAN, LITTLE CANNATTU VEETTIL, NORTH PARAVUR DESOM & VILLAGE, PARUR TALUK. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.549 of 2010 ***************************** Dated this the 15th day of November, 2010 JUDGMENT BASANT, J. The petitioner had come to this Court on 01.11.2010 with this petition for a direction under Article 227 of the Constitution of India for an expeditious final disposal of O.P.No.1103 of 2008. On the submissions made at the Bar and on perusing records, we called for a report of the learned Judge of the Family Court. The learned Judge of the Family Court, by report dated 11.11.2010, has informed the Court that recording of evidence in that O.P is over; the matter stands posted to 22.11.2010 and that the matter can be disposed of within 15 days of 22.11.2010. 2. The learned counsel for the petitioner submits that if that schedule is adhered to, the petitioner wants to make no further grievance at all. 3. We accept the report of the Family Court. This Writ Petition is accordingly allowed. We accept the undertaking of the learned Judge of the Family Court and direct that the matter be O.P(F.C) No.549 of 2010 2 disposed of as expeditiously as possible - at any rate, before 15.12.2010. 4. Compliance shall be reported to this Court. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ O.P(F.C) No.549 of 2010 3 R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** O.P(F.C) No.549 of 2010 ***************************** Dated this the 3rd day of November, 2010 ORDER BASANT, J. The short grievance of the petitioner in this petition under Article 227 of the Constitution is that the cross examination of the respondent herein, his wife, against whom he has claimed a decree for divorce, is not being completed. She is resorting to O.P(F.C) No.549 of 2010 4 dilatory tactics and the matter is getting adjourned unnecessarily from time to time. Despite the indulgence shown by the learned Judge of the Family Court to the respondent, she is not appearing before court to face cross examination and is unnecessarily causing vexation to the petitioner and his counsel. The matter stands posted to 11.11.2010. The counsel prays that at least on that day, it may be ensured that the cross examination of the respondent is complete. 2. We have heard the counsel. We have perused the original petition filed by the petitioner. If the submissions and the averments in the petition are true, we feel that the petitioner has legitimate grievance. However, we want facts to be ascertained from the learned Judge of the Family Court. 3. Call this petition again on 15.11.2010. We are informed that the matter stands posted for completion of cross examination of the respondent to 11.11.2010. We expect the Family Court, if there be no legal impediments, to attempt to complete the cross examination of the respondent before 15.11.2010. 4. Await report of the Family Court. In such report, the Family Court must inform this Court the time within which cross O.P(F.C) No.549 of 2010 5 examination of the respondent can be completed (if it is not completed before 15.11.2010) and the probable time that will be required for final disposal of O.P.No.1103 of 2008. Appropriate further directions shall be issued after getting the report of the learned Judge of the Family Court. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/