IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 36002 of 2009(R) -------------------------- OP 303/05 & OPHMA.301/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: --------------- SANTHINI, W/O PRADEESH, AGED 32, APSARA, NEAR VALIAPALLI, VAKKOM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT: --------------- PRADEESH, S/O PRABHASH, AGED 32, APSARA, NEAR VALIAPALLI, VAKKOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.36002 OF 2009 ----------------------------------------------------- DATED THIS THE 23rd DAY OF DECEMBER, 2009 J U D G M E N T Basant, J. This Writ Petition is filed seeking directions for early and expeditious disposal of O.P.(H.M.A.)No.301/05 and O.P.No. 303/2005. Report of the learned Judge was called for. The report dated 22.12.2009 submitted by the learned Judge of the Family Court, Nedumangad reveals that trial has already commenced and the matters stood posted to 22.12.2009 for evidence of the respondent. It is true that the petitions are old ones filed as early as in 2005. We accept the request of the petitioner that the said O.Ps. may be disposed of expeditiously. We take note of the stage of the proceedings as revealed from the report dated 22.12.2009. The learned Judge undertakes that the cases shall be disposed of within two months. We accept that report of the learned Judge of the Family Court. 2. This Writ Petition is accordingly allowed. We accept the request of the learned Judge that O.P.(HMA)No.301/05 and O.P.No.303/05 pending before the Family Court, Nedumangad W.P.(C)No.36002/09 -2- shall be disposed of by 22.2.2010. 3. Compliance shall be reported to this Court. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(C)No.36002/09 -3- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.36002 OF 2009 ----------------------------------------------------- DATED THIS THE 14th DAY OF DECEMBER, 2009 O R D E R Basant, J. The petitioner/wife has filed a petition for divorce under Section 13 of the Hindu Marriage Act. That petition was filed as early as in 2002. It was initially pending before the Family Court, Trivandrum. Subsequently, it was transferred to the Family Court, Nedumangad and is now pending before that Court as O.P.(H.M.A.)No.301/2005. Another connected O.P. claiming maintenance and recovery of ornaments otherwise due from the respondent is also pending as O.P.No.303/2005. 2. The short grievance of the petitioner is that the said O.Ps. are not disposed of. Instead of recording the evidence itself, the Court has directed a Commissioner to record evidence. The matter is dragging on unnecessarily. The Court is not effectively exercising its jurisdiction to ensure that the Commissioner appointed complete his work expeditiously and submits his report. In these circumstances, the respondent is taking advantage of the situation to prolong and W.P.(C)No.36002/09 -4- protract the proceedings. Effective intervention by the Court is necessary to ensure justice to the petitioner, contends the learned counsel for the petitioner. 3. We have considered all the relevant circumstances. We find merit in the submission of the learned counsel for the petitioner. Petitions filed as early as in 2002 claiming divorce and maintenance must have been disposed of expeditiously. 4. Call for a report from the learned Judge of the Family Court, Nedumangad. In such report, the learned Judge shall explain why the matters are pending. We need only mention that we expect the learned Judge of the Family Court to dispose of the cases as expeditiously as possible. Report of the learned Judge must give us the relevant sequence of events and must also inform us the date by which learned Judge expects to dispose of these matters. Await report of the Family Court. 5. Call on 23.12.2009. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. W.P.(C)No.36002/09 -5- dsn