IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37242 of 2009(R) -------------------------- OPHMA.120/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------- M.PRASAD, AGED 41 YEARS, S/O.MADHAVAN PILLAI, KANDATHIL HOUSE, PILAPPUZHA NORTH, HARIPPAD P.O., ALAPPUZHA. BY ADV. SRI.D.AJITHKUMAR RESPONDENT: --------------- MANJU M.S. D/O.K.MADHAVAN NAIR, MANJU BHAVANAM, SOORANADU NORTH ANAYADI P.O., KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.37242 of 2009 ---------------------------------------- Dated this the 22nd day of December 2009 J U D G M E N T Basant,J The short grievance of the petitioner is that Ext.P5 application that is I.A.No.2367/09 filed by him before the Family Court, Thiruvananthapuram for an out of turn expeditious disposal of proceedings pending before the Family Court is not taken up for consideration by the Family Court at all. According to the petitioner, there is compelling necessity and need to consider the said I.A and pass appropriate orders. It is, in these circumstances, prayed that appropriate directions may be issued to the Family Court to consider Ext.P5 and pass appropriate orders. 2. We find the request to be legitimate. Notwithstanding the fact that the regular incumbent is not there to man the Family Court, Thiruvananthapuram, we are of the opinion that the incumbent in charge must consider the said application and pass appropriate orders on merits. W.P.C No.37242/09 2 3. In these circumstances, we direct the Family Court, Thiruvananthapuram (whichever incumbent be presently in charge) to consider Ext.P5 application and pass appropriate orders on such application as expeditiously as possible, at any rate, within a period of ten days from the date on which a copy of this judgment is placed before the Family Court. 4. This writ petition is accordingly allowed to the above extent. Considering the nature of the relief granted, we are satisfied that it is not necessary to wait for issue and return of notice to the respondent. Needless to say, order shall be passed by the Family Court only after giving notice to the learned counsel for the respondent and after hearing him. 5. Hand over copy of this order to the learned counsel for the petitioner forthwith for immediate production before the Family Court. An order passed on the application shall be communicated to this court after complying with the direction. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.37242/09 3 W.P.C No.37242/09 4 W.P.C No.37242/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009