IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22301 of 2009(R) -------------------------- OPDIV.758/2008 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- JAYA.K, KOZHIMANNIL HOUSE, MUNDAMALA PO, PURAMATTOM VILLAGE, PATHANAMTHITTA DIST. BY ADV. SRI.R.GIREESH VARMA RESPONDENT: --------------- SHYLA K.GEORGE, KAIPPALLY MALAYIL HOUSE, EDAYARANMULA PO, ARANMULA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.22301 OF 2009 ----------------------------------------------------- DATED THIS THE 6th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. The short grievance of the petitioner is that I.A.No.2188/09 pending before the Family Court, Thiruvalla in O.P.(Div.) No.758/08 is not disposed of by the learned Judge. That petition is seen dated 31.7.2009. The O.P. was filed as early as in 2008. The matter stood listed for trial to 3.8.2009 and stands adjourned to 7.8.2009, submits the learned counsel for the petitioner. 2. We do not in these circumstances want to issue any specific directions. A reading of the papers suggests that the respondent/wife is employed in Himachalpradesh and evidently must have come to Court on 3.8.2009 to get ready for trial. From the records, it appears that it is only to avoid the case listed for trial that I.A.No.2188/09 has been filed. We smell that the application may have been filed to avoid the obligation to get ready for trial on 3.8.2009. W.P.(C)No.22301/09 -2- 3. Be that as it may, we do not want to express any final opinion on the bona fides, maintainability or acceptability of the prayer in I.A.No.2188/09. We have no reason to assume that the learned Judge of the Family Court will not consider I.A.No.2188/2009. The learned Judge must do the same. No special or specific directions appear to be necessary. Cautious of the possibility of any directions issued in this Writ petition being misused to protract the proceedings, we stop short by observing that the Family Court must certainly consider I.A.No.2188/09. No further or better directions appear to be necessary. 4. With the above observations, this Writ Petition is dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn