IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 5213 of 2008(S) --------------------------------- OP.457/2007 of FAMILY COURT, NEDUMANGAD .................... PETITIONER/ 1ST RESPONDENT: --------------- BEENA ALBERT, AGED 37 YEARS, WIFE OF GOBI DAS, POURNAMI, KP III/117, NALANCHIRA P.O., TRIVANDRUM - 15. BY ADV. SRI.S.M.PREM SMT.SANTHI PREM RESPONDENT/ PETITIONER: ----------------- M. GOBIDAS, VALEN PUTHUVAL THIRUHRIDAYA BHAVAN, KARODE, NEYYATTINKARA. BY ADV. SRI.SREEKANTH S.NAIR FOR R1 SRI.V.ANS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 5213/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE COMPLAINT FILED BY PETITIONER'S FATHER BEFORE THE VANITHA CELL STATING THE ENTIRE ISSUE ON 03.08.2005. EXT. P2 : COPY OF THE REPLY SUBMITTED BY THE RESPONDENT ON 20.09.2005. EXT. P3 : COPY OF O.P. No. 457 OF 2007 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, NEDUMANGAD. EXT. P4 : COPY OF THE PETITION RAISING PRELIMINARY OBJECTION FILED BY THE PETITIONER IN O.P.No.457 OF 2007. I.A. No. 3591/2008: EXT. P4 : COPY OF THE PETITION RAISING PRELIMINARY OBJECTION FILED IN O.P.No.457 OF 2007 OF FAMILY COURT, NEDUMANGAD. RESPONDENT'S EXHIBITS: EXT. R1 : COPY OF PROOF AFFIDAVIT DATED 01.12.2007 ALONG WITH DOCUMENTS. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P.(C). No. 5213 OF 2008 ----------------------------------------- Dated this the 24th day of June, 2008. J U D G M E N T Harun-Ul-Rashid, J. The respondent-wife in O.P.No.457/2007 on the file of the Family Court, Nedumangad is the petitioner herein. The said original petition was filed by the respondent-husband for a decree of divorce. The matter is pending consideration before the court below. The prayers in this writ petition are as follows: i) To direct the Family Court, Nedumangad to number Exhibit P4 application and hear the same and decide the question of maintainability. ii) To direct the Family Court, Nedumangad to number all the interim applications filed by the petitioner. 2. When the matter was taken up for hearing, this Court suggested that suitable directions shall be issued for a speedy disposal of the case. This suggestion was agreed by the counsel on both sides. Accordingly, we direct the Family Court, Nedumangad to expedite the trial and dispose of O.P.No.457/2007, after giving W.P.(C). No. 5213/08 2 an opportunity to the parties to adduce evidence, within a period of six months from the date of receipt of a copy of this judgment. Interim applications filed by the petitioner-wife shall be posted after numbering the same along with the main original petition, to be considered at the time of final disposal. We make it clear that the parties shall not raise any allegations or shall not take up new quarrels in between. This writ petition is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp W.P.(C). No. 5213/08 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. W.P.(C). No. 5213 OF 2008 J U D G M E N T 24.06.2008