IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 OP (FC).No. 748 of 2010(R) -------------------------- PETITIONER/2ND DEFENDANT -------------------- SALEENA, W/O.SHUKKOOR, AGED 40 YEARS, SHIFANA MANZIL, VADAKKEVILA, KAYYALACKAL CHERRY, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) ADV.P.SREEKUMAR RESPONDENTS: --------------- 1. SABJAN, S/O.NAGOORKHANI RAWTHER, ABIN NIVAS, AVANNOORMURI, NADUVATHOORVILLAGE, KOTTARAKKARA TALUK, KOLLAM-691 506. 2. SHEENA, D/O.ABDUL AZEEZ, VIJAYA NIVAS, HARISREE NAGAR 83, ASRAMAM, KOLLAM EAST VILLAGE, KOLLAM - 691 506. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.748 of 2010 ***************************** Dated this the 16th day of November, 2010 JUDGMENT BASANT, J. The short prayer of the petitioner is that O.P.No.470 of 2010, pending before the Family Court, Kollam, may be ordered to be advanced and expeditiously disposed of. Has the petitioner filed any application to that effect before the Family Court? Admittedly the petitioner has not. Without and before making such a request before the Family Court, we find no merit in the attempt of the petitioner to run to this Court with this petition under Article 227 of the Constitution. 2. This petition is, in these circumstances, dismissed. We may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioner to move the Family Court, Kollam, for an out of turn expeditious disposal of O.P.No.470 of 2010. The Family Court must consider such application, if any filed, on merits and pass appropriate orders. 3. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the Family Court, Kollam. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/