IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 10538 of 2008(S) -------------------------- OP.1060/2007 & OP.653/2006 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: --------------- VAIJAYANTHI @ NISHA VAYALIL FULINTHANATH HOUSE THRIPERUNTHURA VILLAGE MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT: --------------- VIJAYAKUMAR @ HARI S/O.VISWANTHAN NAIR, KOTTAPLAVIL HOUSE THAZHAKKARA , MAVELIKKARA, ALAPPUZHA DISTRICT ADV. SRI.S.PRAKASH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 10538 OF 2008 ============================ DATED THIS THE 29th DAY OF JUNE 2009 JUDGMENT Basant,J. The short prayer in this petition is for an expeditious disposal of two original petitions pending before the Family Court, Alappuzha. O.P.No.653/2006 is an application for divorce filed by the respondent-husband whereas O.P.No.1060/2007 is filed by the petitioner-wife for return of gold ornaments etc. The report of the Family Court was called for. The learned Judge of the Family Court reported that both cases are being considered together and reference was made of the cases for settlement before the Adalath. The Adalath has already reported that no settlement is possible. The learned Judge of the Family Court reports that objections have not been filed by both sides so far and that is the reason why the matter cannot be taken up for consideration now. WPC.10538/2008 -2- 2. We direct that pleadings of the parties shall be completed within a period of one month from this date and the Family Court shall dispose of the cases as expeditiously as possible–at any rate within a period of six months from this date. Compliance shall be reported to this Court. This writ petition is accordingly allowed in part to the above extent. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.10538/2008 -3- R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 10538 OF 2008 ============================ DATED THIS THE 18TH DAY OF JUNE 2009 ORDER Basant,J. The short grievance of the petitioner is that Ext.P1 application filed by the respondent against her for divorce and Ext.P2 application filed by her against him for return of ornaments etc.are both pending before the Family Court from 2006/2007 and they are not being taken up for disposal. Counsel only prays that there may be a direction for early disposal of WPC.10538/2008 -4- Exts.P1 and P2. It is conceded that no application has been filed before the Family Court, Alappuzha to advance the hearing of those cases and ensure expeditious disposal. We are not satisfied with the course followed by the petitioner. But be that as it may, we feel persuaded to call for a report from the Family Court about the stage of the two cases and the probable time that it will be required for the Family Court for disposal of the cases. We need only mention that we expect the Family Court to dispose of the cases as expeditiously as possible. 2. Await report of the Family Court. 3. Call on 29-6-2009. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.10538/2008 -5-