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 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 33086 of 2009(R) -------------------------- OP.275/2008 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- K.NANDAKUMAR, AGED 39 YEARS, SON OF KRISHNAN KUTTY MENON, RESIDING AT BINDU NIKETHAN, THAMPURAN NAGAR, KIZHAKKEKKARA, KOTTARAKKARA KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- DR. RADHIKA, AGED 36 YEARS, DAUGHTER OF RUGMINI AMMA, RESIDING AT CHAITHANYA PATTATHANAM,VADAKKEVILA VILLAGE, KOLLAM NOW WORKING WITH MOOPENS A1 QUOZ MEDICAL CENTRE, P.O.BOX.NO.8703, DUBAI, U.A.E. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009 ALONG WITH W.P.C.NO.33119 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).Nos.33086 & 33119 of 2009 ---------------------------------------- Dated this the 18th day of November 2009 J U D G M E N T Basant,J The common petitioner in these writ petitions have come to this court with the short prayer that O.P.Nos.275/08 and 1075/09 both pending before the Family Court, Kollam may be ordered to be disposed of expeditiously and out of turn. One petition is for divorce by the husband/petitioner herein whereas the other is filed by the wife claiming amounts from him. Petitions are filed only in 2008 and 2009 as is revealed from the number assigned to the cases by the court. The petitioner has come to this court with the prayer that a direction may be issued for out of turn expeditious disposal. 2. What is the reason? Has the petitioner moved the court below seeking identical relief? Admittedly, no such application was filed before the Family Court for an out of turn expeditious disposal showing the relevant reason. If the petitioner has any relevant reasons and if he feels that these cases are to be disposed of out of turn, certainly it is for the W.P.C.Nos.33086 & 33119/09 2 petitioner to move the court concerned showing adequate reasons for an out of turn expeditious disposal. The conduct of the petitioner rushing to this court without and before moving the court concerned for such a relief cannot be appreciated. It is for the petitioner to move such court and if he does not get justice from that court and if he is aggrieved by the reason for such denial, if any, it is only then that he can be permitted to approach this court. 3. These petitions are hence dismissed; but we may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioner to move the Family Court seeking identical relief. 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.Nos.33086 & 33119/09 3 W.P.C.Nos.33086 & 33119/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009