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 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 17197 of 2010(R) -------------------------- OPMV.622/2007 of Family Court, Kollam .................... PETITIONER: --------------- ABRAHAM DANIEL @ RAJU, AGED 44 YEARS, S/O.DANIEL, BANGLAVIL PUTHEN VEEDU, PERUMPUZHA, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT : --------------- MABLE JOSEPH, AGED 39 YEARS, D/O.JOSEPH, MANAPOIKAYIL, PADAPPAKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.17197 of 2010 ********************* Dated this the 21st day of June, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with the grievance that O.P(Divorce) No.622 of 2007 filed by him is not taken up for disposal. Report of the learned Judge was called for. The learned Judge reports that the O.P was once dismissed for non prosecution. Later a restoration petition was filed and the matter has been restored vide order dated 22.05.2010. The case now stands posted to 22.07.2010. The learned Judge in the report dated 16.06.2010 undertakes that the matter shall be disposed of within a period of six months, ie. on or before 16.01.2011. 2. The learned counsel for the petitioner submits that the petitioner has to return to his place of employment abroad. It is, in these circumstances, prayed that the evidence of the petitioner may be directed to be recorded at the earliest. 3. It is for the petitioner to move the court below for that relief. He must bring to the notice of the court below the date on W.P(C) No.17197 of 2010 2 which the petitioner has to leave India in connection with his employment. We have no reason to assume that if the petitioner makes an application to that effect, appropriate orders shall not be passed by the court below. 4. This Writ Petition is allowed in part with the above observations. We accept the undertaking of the court below that the case shall be disposed of by 22.01.2011. 5. Compliance shall be reported to this Court. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/