IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 21078 of 2010(R) -------------------------- AGAINST THE ORDER IN I.A.1913/2009 IN OP.762/2009 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- NIZAR @ NIZARUDEEN,S/O.ALIKUNJU, PUTHENPURAVADAKKATHIL,THAZHAVA NORTH.P.O, KADATHOOR MURI,THAZHAVA VILLAGE,KARUNAGAPPALLY, FROM KANIYANTHARA THEKKETHIL, -DO- MURI, -DO- VILLAGE,KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENT(S): --------------- NAZARUDEEN,S/O.SULAIMANKUNJU, NAZAR MANZIL,PULIYOORVANCHI VADAKKU MURI, THODIYOOR VILLAGE,KARUNAGAPPALLY-690518. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.21078 of 2010 ---------------------------------------- Dated this the 7th day of July 2010 J U D G M E N T Basant,J The petitioner herein is the 3rd respondent in an original petition pending before the Family Court, Kollam. That proceedings has been initiated by the husband against his divorced wife and two others. The prayer is to set aside a document executed by the wife in favour of the mother-in-law of the petitioner herein. The mother-in-law of the petitioner and the petitioner are arrayed before the court below as respondents 2 and 3. The O.P was filed in 2009. The same is pending even now. 2. The short prayer of the petitioner is that there may be an expeditious out of turn disposal of O.P.No.762/2009 pending before the Family Court. The contention of the petitioner and his mother-in-law that the Family Court has no jurisdiction has been found against. The petitioner prays that there may be a direction for expeditious out of turn disposal of O.P.No.762/2009 as an item of property purchased by him bona fide from the W.P.C. No.21078/10 : 2 : divorced wife is involved in the litigation and there is an unnecessary attachment over the property. 3. Did the petitioner move the court below? If so, why did the court below not entertain the request? It is now conceded that no application to that effect has been made before the Family Court. We must deprecate the practice of the parties running to this Court with applications for out of turn disposal of the pending matters before the courts below. It is for the petitioner to move that court showing all the relevant reasons for an out of turn expeditious disposal. Such request, if any made, must certainly be considered by the Family Court. In the facts and circumstances of this case, we find absolutely no reason to invoke our extraordinary constitutional jurisdiction under Article 226 of the Constitution of India to issue any directions regarding expeditious disposal. 4. In the result, this writ petition is dismissed. Needless to say, if the petitioner files an application showing the reasons for his prayer for out of turn expeditious disposal of his case, the Family Court must consider such request and pass appropriate orders. Needless further to say that if the petitioner is aggrieved W.P.C. No.21078/10 : 3 : by such orders, the petitioner's option to seek legal remedies will not be fettered by the dismissal of this petition. 5. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C. No.21078/10 : 4 : W.P.C. No.21078/10 : 5 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009