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 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 26304 of 2010(R) -------------------------- OP.820/2008 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- ANUPAMA DEVASSIA, AGED 26 YEARS, D/O.M.P.DEVASSY AND IDAMMA DEVASSY, RESIDING AT CHARUVILA PUTHEN VEEDU, KAKOTTUMOOLA, MAYANAD.P.O, MAYYANAD CHERRY, MAYYANAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): --------------- 1. JERVIS JOEPH, AGED 26 YEARS, S/O.VADAKKAZHIKOM JOSEPH JOHN, LITTLE HUT, KACKOTTUMOOLA, MAYYANAD.P.O., MAYYANAD CHERRY, MAYYANAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 2. VADAKKAZHIKOM JOSEPH JOHN, RESIDING AT LITTLE HUT, KACKOTTUMOOLA, MAYYANAD.P.O., MAYYANAD CHERRY, MAYYANAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 3. BEATRICE JOSEPH, W/O.VADAKKAZHIKOM JOSEPH JOHN, LITTLE HUT, KACKOTTUMOOLA, MAYYANAD.P.O., MAYYANAD CHERRY, MAYYANAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 4. JOBIA JOSEPH, W/O.VADAKKAZHIKOM JOSEPH JOHN, LITTLE HUT, KACKOTTUMOOLA, MAYYANAD.P.O., MAYYANAD CHERRY, MAYYANAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.26304 of 2010 ---------------------------------------- Dated this the 19th day of August 2010 J U D G M E N T Basant,J The petitioner has come to this Court with this petition for a direction for out of turn expeditious disposal of O.P.No.820/2008 filed by her before the Family Court, Kollam against the respondents. According to the petitioner, the said petition has been pending from 2008. Respondents have shown no interest in a harmonious settlement of the disputes; but the matter is unnecessarily dragging on. The petitioner has now secured employment abroad. If there is further delay in the matter being taken up for trial, that would adversely affect the interest of the petitioner. It is, in these circumstances, that the petitioner has come to this Court. 2. Has the petitioner moved the court below? Obviously, she has not. Without and before moving the Family Court for an out of turn expeditious disposal of the case by advancement of the case, we find no merit in the attempt made by the petitioner before this Court. We take note of the circumstances. We are W.P.C.No.26304 of 2010 2 satisfied, in these circumstances, that this writ petition can be allowed in part with direction to the Family Court to consider the petitioner's prayer for advancement of the trial and expeditious disposal of O.P.No.820/2008 as expeditiously as possible. 3. Hand over copy of this judgment to the learned counsel for the petitioner who can file the same before the court below along with the application for advancement of the case and out of turn early disposal. We need only mention that we expect the Family Court to consider the request of the petitioner and pass appropriate orders. 4. This writ petition is, in these circumstances, allowed in part to the above extent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.26304 of 2010 3 W.P.C.No.26304 of 2010 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010