IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 17352 of 2010(R) -------------------------- OS.22/2006 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- MANJUSHA.P.S. D/O. LATE SOMANATHAN NAIR, AGED 31 YEARS, RESIDING AT PADMASOMA VADAKKUMBHAGHAM, KOLLAM-1. BY ADV. SRI.JIJI THOMAS SMT. SMITHA JIJI PAMBACKAL RESPONDENT(S): --------------- 1. GOPAKUMAR, S/O. GOPALAKRISHNAPILLAI, AGED 34 YEARS, RESIDING AT KRISHNA VIHAR, VENDAR.P.O., THEVALAPPURAM CHERRY, KOTTARAKKARA. 2. GUGMINIAMMA, W/O GOPALAKRISHAPILLAI, AGED 64 YEARS, RESIDING AT KRISHNA VIHAR, VENDAR.P.O., THEVALAPPURAM CHERRY, KOTTARAKKARA. 3. GOPALAKRISHNA PILLAI, LATE KRISHNAPILLAI, AGED 70 YEARS, RESIDING AT KRISHNA VIHAR, VENDAR.P.O., THEVALAPPURAM CHERRY, KOTTARAKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.17352 of 2010 ---------------------------------------- Dated this the 4th day of June 2010 J U D G M E N T Basant,J The petitioner/wife has filed a petition before the Family Court for recovery of amounts from her husband and parents. That petition filed as early as in 2006 is pending before the Family Court as O.S.No.22 of 2006. The 1st respondent/husband, in turn, has filed an application for divorce even earlier and the same is pending as O.P.No.341/2005 before the Family Court, Kollam. The petitioner has now come before this court with this writ petition for a direction that out of turn expeditious disposal of O.S.No.22/06 may be directed. She, surprisingly, does not specifically pray that H.M.A (O.P) No.341 of 2005 may be disposed of expeditiously. 2. Be that as it may, to our query whether the petitioner has filed any petition before the Family Court for an out of turn expeditious hearing and disposal of O.S.No.22/06, it is conceded that that has also not been done. Why then has the petitioner rushed to this court with this petition? The learned counsel for W.P.C.No.17352/10 : 2 : the petitioner submits that he shall move the Family Court for such out of turn expeditious disposal. 3. We must deprecate the practice of parties rushing to this court to fix the schedule of proceedings before the court below. If the petitioner wants an out of turn expeditious disposal, it is for her to move the Family Court and her request for direction from this court without and before she approaches the Family Court cannot be entertained. 4. This writ petition is, in these circumstances, dismissed with the above observations. Needless to say, if the petitioner moves such an application, the Family Court must consider the same and take appropriate decision in the matter. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.17352/10 : 3 : W.P.C.No.17352/10 : 4 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009