IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 OP (FC).No. 514 of 2010(R) -------------------------- OPHMA.73/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER -------------------- SHEEBA, AGED 26, D/O.SWARNAMMA, SHEEJA BHAVAN, ALAYKOTTUKONAM, VANDITHADAM KARAKONAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT: --------------- SREE RAJ T.L., AGED 29, S/O.THANKARAJAN, RAJ BHAVAN, IYCADU, NEDUTHOTTAM, KUNNATHUKAL, NEYYATTINKARA, THIRUVANANTHAPURAM NOW RESIDING AT C/O.R.ABSALOM, P.B.NO.228, POST CODE 600, FANJA, SULTANATE OF OMAN, 00968 24540906, PASSPORT NO.F.0214627. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.514 of 2010 ***************************** Dated this the 25th day of November, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier order dated 01.11.2010. We have perused the report of the learned Judge of the Family Court. The short prayer is that O.P (HMA) No.73 of 2008 and O.P(Div.) No.1159 of 2009 may be disposed of expeditiously. We find the request of the petitioner to be absolutely justified. We accept the report of the learned Judge of the Family Court dated 23.11.2010, in which it is submitted that both matters shall be disposed of as expeditiously as possible. We need only mention that we expect the learned Judge to dispose of both the O.Ps as expeditiously as possible - at any rate, within a period of two months from 07.12.2010 as already undertaken by the learned Judge. 2. Compliance shall be reported to this Court. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ O.P(F.C) No.514 of 2010 2 O.P(F.C) No.514 of 2010 3 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.514 of 2010 ***************************** Dated this the 1st day of November, 2010 ORDER BASANT, J. The short grievance of the petitioner is that O.P(HMA) No.73 of 2008 and O.P(Div.) No.1159 of 2009, which are both filed by the petitioner and in which her husband, the respondent herein, is the common respondent, are pending unnecessarily. The respondent is already served, it is submitted. He is set exparte, it is further submitted. But the court below is not proceeding to dispose of the above matters. Though the husband had filed an application for restitution of conjugal rights, the same stands dismissed. An application for restoration of the same also stands dismissed, it is submitted. 2. But in spite of all these, the above O.Ps filed by the petitioner are not being taken up for disposal. This in short is O.P(F.C) No.514 of 2010 4 the grievance of the petitioner. 3. If the submissions of the counsel for the petitioner at the Bar are correct, we are satisfied that there is a just grievance for the petitioner. We are persuaded to call for a report from the Family Court, Trivandrum. The learned Judge of the Family Court shall report whether O.P(HMA) No.73 of 2008 and O.P (Div.) No.1159 of 2009 are pending before that court. If so, why are they pending? Is it correct that service is complete in both matters and the respondent has been set exparte in both? If that is correct, why are the matters not being taken up for hearing and disposal? What time will be required by the court to hear and dispose of the matters? We need only mention that if the submissions of the learned counsel for the petitioner are correct and there are no legal impediments against disposal of the above pending O.Ps, we expect the learned Judge of the Family Court to dispose of the above said O.Ps as expeditiously as possible. 4. Await report of the Family Court. Call on 22.11.2010. (R.BASANT, JUDGE) O.P(F.C) No.514 of 2010 5 (K.SURENDRA MOHAN, JUDGE) rtr/