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 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 19269 of 2009(R) -------------------------- OP.231/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- SREEKANTH S. MALLIA, S/O.V.S.MALLIA, AGED 36 YEARS, PALACKAL HOUSE, 8/1121,DR.PADIAR'S COMPOUND, SOUTH CHERLAI, COCHIN-682002. BY ADV. SMT.K.GIRIJA RESPONDENT : --------------- SUMA P. MALLAN, D/O. PADMANABHA MALLAN, AGED 32 YEARS, PRANATH HOUSE, SRINGAPURAM, KODUNGALLUR - 680664. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.19269 of 2009 ---------------------------------------- Dated this the 22nd day of July 2009 J U D G M E N T BASANT,J The learned counsel for the petitioner submits that the issue of maintainability has already been decided in favour of the petitioner as per order dated 17/7/2009 and, in these circumstances, no further directions are necessary in the matter. 2. We note that even though the matter was heard as early as in October 2008, the orders were pronounced only on 17/7/2009. Unsatisfactory though the situation be, we are satisfied that since the orders have already been pronounced on 17/7/2009, no further directions are necessary now. 3. This writ petition is accordingly dismissed as agreed. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C No.19269/09 2 W.P.C No.19269/09 3 The petitioner has filed an application for divorce before the Family Court, Ernakulam. In that application, his wife the respondent has entered appearance and raised an objection to the maintainability of the petition. The learned counsel for the petitioner submits that arguments on the question of maintainability were heard on 17/10/2008 and orders were reserved. It is the grievance of the petitioner that thereafter orders have not been pronounced nor a date of posting has been given in O.P.No.231/2008. 2. If the submissions are true and correct, it must arouse great amount of dissatisfaction in our mind. We deem it necessary that the report of the Family Court is called for. 3. Call for such report. In such report, the Family Court shall report to the court whether it is true that hearing on the question of maintainability held and the orders were reserved on 17/10/2008. Why is it that the orders have not been pronounced? We need only mention that if these submissions are true, we expect the Family Court to pass orders expeditiously and report compliance to this court. 4. Await report of the Family Court. Call on 22/7/2009. W.P.C No.19269/09 4 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009