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 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 31803 of 2009(R) -------------------------- OP Nos..1007 & 1008//2003 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------- MERCY, GRACE BHAVAN, MEPPADAM, CHELAKKARA, THRISSUR DISTRICT NOW RESIDING AT T.C.3/2015, CHAKKAL HOUSE, NALANCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT: --------------- GEORGE THOMAS, GRACE BHAVAN, MEPPADAM, CHELAKKARA P.O. CHELAKKARA, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.31803 OF 2009 ----------------------------------------------------- DATED THIS THE 25th DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court with this petition for issue of a direction under Article 227 of the Constitution of India to the Family Court, Thrissur for expeditious disposal of O.P.Nos.1007/2003 and 1008/2003. The learned counsel for the petitioner submits that a Commissioner has already been appointed to record evidence in the case. The Commissioner has already recorded the evidence of the petitioner herein. But, the matter is dragging on for the reason that the evidence of the respondent has not been recorded. The learned counsel prays for an expeditious disposal of these O.Ps. 2. Remarks of the learned Judge was called for. There is no incumbent in the Chair of the Presiding Officer of the Family Court. The District and Sessions Judge is holding additional charge. The learned District and Sessions Judge in his report dated 17.11.2009 reports that a regular incumbent is likely to join as the regular Family Court immediately and the matter can W.P.(C)No.31803/09 -2- be disposed of within three months. 3. We are in these circumstances satisfied that the said report of the learned Family Court in Charge can be accepted. The learned counsel for the petitioner submits that to achieve that result it is necessary that the Family Court issues final directions to the Commissioner to complete the recording of the evidence expeditiously. Appropriate directions may be issued, it is prayed. 4. We are in these circumstances satisfied that this petition can be allowed and appropriate directions can be issued. It is not necessary to wait for issue and return of notice to the respondent considering the nature of the directions which we propose to issue. 5. In the result: (a) this Writ Petition is allowed. (b) The Family Court, Thrissur shall dispose of O.P.Nos.1007/2003 and 1008/2003 as expeditiously as possible - at any rate within three months of the date on which a regular incumbent W.P.(C)No.31803/09 -3- takes over charge of the Family Court, Thrissur. In the meantime, the Family Court shall forthwith issue directions to the Commissioner appointed by the Court to complete the task of recording evidence of the witnesses as expeditiously as possible. 6. Hand over a copy of the order to the learned counsel for the petitioner for production before the Officer presently in charge of the Family Court. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn