IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 8476 of 2009(R) ------------------------- OP.944/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): --------------- JIJI.R., D/O.RADHA, AGED 24 YEARS, CHITHRAM VEEDU, (THURUTHIYIL PADEETTATHIL), KARAZHMA MURI, VALLIKUNNAM VILLAGE & P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.B.RENJITHKUMAR SRI.PADMALAYAN.P.P. RESPONDENT(S): --------------- SUJITH KUMAR, S/O.SURENDRAN, AGED 28 YEARS, KALEETTAMURI THARAYIL VEETTIL, KARAZHMA MURI, VALLIKUNNAM VILLAGE & P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 8476 OF 2009 --------------------------------------------------------- Dated this the 20th day of March, 2009 JUDGMENT Basant, J. The petitioner/wife is the petitioner in an application for divorce. She is the respondent in an application for restitution of conjugal rights filed by her husband. Both these petitions are pending before the Family Court, Alappuzha as O.P. No.944 of 2008 and O.P. No.980 of 2008. Certain interim directions have also been issued by the Family Court. 2. The petitioner at this juncture has come rushing to this Court seeking a direction for expeditious disposal of both the petitions invoking the extra ordinary power of this Court under Article 227 of the Constitution of India. 3. The petitioner's anxiety for an early disposal is perfectly understandable. But, has the petitioner moved the Family Court requesting for an expeditious disposal of the petitions? What orders, if any, have been passed by the Family Court? W.P.(C)NO. 8476/2009 2 4. Learned counsel for the petitioner fairly submits that no such applications have been filed before the Family Court. It is for the petitioner to first move the Family Court, if there is sufficient reason for out of turn disposal of the petitions Exts.P1 and P2 annexed to this Writ Petition. It is then for the Family Court to consider whether the request of the petitioner can be accepted or not. The course adopted by the petitioner of approaching this Court without and before moving the Family Court cannot certainly be approved. 5. This Writ Petition, in these circumstances, is dismissed, but with the specific observation that the petitioner may move the Family Court, Alappuzha for out of turn expeditious disposal of Exts.P1 and P2 petitions. The Family Court, if such an application is filed, shall consider the same on merits and take appropriate decision. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 8476/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ. W.P.(C) NO.8476/2009 JUDGMENT 20th March, 2009 W.P.(C)NO. 8476/2009 4