IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 OP (FC).No. 386 of 2010(R) -------------------------- OPDA.133/2010 of FAMILY COURT,KOLLAM .................... PETITIONER -------------------- JESSY P. JOHN, D/O. P.A. JOHN, PENIEL HOME, KARAMCODE P.O., KOLLAM, NOW WORKING AT TAWAM HOSPITAL, OPERATION THEATRE, POST BOX NO.15258, AL - AIN, ABUDHABI, U.A.E. BY ADV. SRI.P.SIVARAJ RESPONDENT: ------------------- LUKE B. GEORGE, S/O. LATE GEORGE KUTTY BETHEL MANDIRAM, SADANANDAPURAM P.O. KOTTARAKKARA, KOLLAM, NOW WORKING AS ASST. ACCOUNTANT AJMAN BEACH HOTEL, AJMAN, U.A.E. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 386 of 2010 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2010 JUDGMENT Basant, J. Petitioner is the wife. She has filed a petition for divorce before the Family Court, Kollam as O.P. 133 of 2010 against the respondent, her husband. There is one child born in the wedlock. The child is with the petitioner herein. The petition filed for divorce is pending. According to the petitioner, there is urgent and immediate necessity to take up the matter for hearing and disposal. Both parties are likely to be in India during December, 2010. If the Family Court is directed to take up the matter for trial day today in December, 2010, that would be advantageous to both parties. Such a direction shall serve the interests of justice, it is submitted. 2. Did the petitioner move the Family Court with such a request? Why and how is it that the petitioner has come before O.P.(FC).No. 386 of 2010 2 this Court without and before moving the Family Court for an identical direction? This Court cannot fix the schedule of matters which can be taken up in all the Family Courts in the State. It is for the petitioner to move the Family Court to get the matter disposed of in December, 2010, when both parties, who are employed abroad, are likely to be in India. If such a petition is filed, needless to say, the Family Court must consider the same and pass appropriate orders. If the petitioner is not satisfied with such order, the petitioner can move this Court for the invocation of the extra ordinary jurisdiction under Article 227 of the Constitution. 3. In these circumstances, this Writ Petition is dismissed with the above observations. We make it clear that if the petitioner files an application incorporating the prayer to get the matter listed and disposed of in December, 2010 giving reasons thereof, the court below must consider the same and pass appropriate orders expeditiously. O.P.(FC).No. 386 of 2010 3 4. Hand over copy of the judgment to the learned counsel for the petitioner for production before the Family Court, when such application is filed. (R.BASANT) Judge (M.L. JOSEPH FRANCIS) Judge tm