IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 OP.No. 31269 of 2001(V) ---------------------------------- PETITIONER(S): ----------------------- SUBHADRA AMMA, W/O. APPUKUTTAN PILLAI, LEELA VILASOM, MEENANKULAM, KAZHAKKUTTOM, THIRUVANANTHAPURAM. BY ADV. MR.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): -------------------------- PANKAJAKSHY AMMA, ASWATHY VEEDU, KAVOTTUMUKKU MEENANKULAM, KAZHAKKUTTOM. BY ADVS. MR.T.S.RADHAKRISHNA PILLAI MR.T.R.RAJEEV THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.50869/2001 IN OP. NO.31269/2001 DISMISSED 13/08/2009 SD/- P.S.GOPINATHAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE OS. 130/99 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. P2:- COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT. P2(a):- COPY OF THE PETITION FILED BY THE RESPONDENT. P3:- COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. P4:- COPY OF THE RELEVANT PAGE OF THE PENSION BOOK OF THE DECEASED APPUKUTTAN PILLAI. P5:- COPY OF THE ORDER IN IA. 501/99 IN OS. 130/99 OF THE FAMILY COURT, THIRUVANANTHAPURAM. TRUE COPY P.A. TO JUDGE tss P.S.GOPINATHAN, J. == = = = = = = = = = = = = = = = = = O.P.No.31269 of 2001-V. = = = == = = = = = = = = = = = = = = Dated this the 13th day of August, 2009. J U D G M EN T Assailing the correctness of Ext.P5 order in IA.No.501/1999 in OS.No.130/1999 on the file of the Family Court, Thiruvananthapuram, this writ petition was filed. The petitioner claims to be the widow of late Appukuttan Pillai, who was employed in Southern Railway and the respondent is the divorced first wife of late Appukuttan Pillai. According to the respondent, though she was divorced in 1950, she was remarried by Appukuttan Pillai in 1954. Alleging that late Appukuttan Pillai had some illicit intimacy with the petitioner and under that shade of illicit intimacy the petitioner had been attempting to get family pension, for which she had no right and that the respondent is entitled to get the family pension as the wife of late Appukuttan Pillai, to establish her right to get the family pension and to restrain the petitioner from receiving the family pension, the suit was instituted by the respondent before the Family Court, Thiruvananthapuram and obtained Ext.P5 order restraining the petitioner herein from receiving the Family Pension from Sub Treasury, Kazhakkuttom or from the O.P.No.31269 of 2001. -: 2 :- Divisional Manager, Railway. 2. In CMP.No.50869/2001, the petitioner obtained stay of Ext.P5 order and has been receiving family pension. 3. Now, it is submitted by the writ petitioner that the suit before the lower court is ripe for trial. Such being the background, I find that at this belated stage, that too when the suit has been ready for trial, it is needless to interfere with the present stage. In the above circumstance, the writ petition is disposed with a direction to the lower court to dispose the suit at the earliest. Till then the present stage will continue. No order as to costs. Sd/- P.S.GOPINATHAN, JUDGE. Kvs/- -// true copy //-