IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 19565 of 2009(R) -------------------------- PETITIONER: --------------- RENUKA,D/O. RADHAMMA, AGED 36 YEARS, REMANI BHAVAN, NETTARACHIRA, NEDUMANGAD P.O., THIRUVANANTHAPURAM BY ADV. SRI.SREEKANTH S.NAIR RESPONDENT: --------------- SREEKUMAR,S/O. THAKAPPAN ASHARI, AGED 45 YEARS,GEETHA BHAVAN, THUVALOORKONAM, KULATHUMAL, KATTAKADA P.O.,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF O.P.(H.M.A.)NO. 239/2008 DATED 1-3-2008. EXT.P2: TRUE COPY OF R.P.NO. 1204/2009 DATED 24-4-09. EXT.P3: TRUE COPY OF I.A.NO. 1205/2009 D ATED 24-4-09 TO CONDONE THE DELAY. EXT.P4: TRUE COPY OF I.A.NO.1056/2O009 DATED 24-4-09 FOR INTERIM INJUNCTION EXT.P5: TRUE COPY OF O.P.NO. 470/2009. RESPONDENTS' EXT: NIL ks. TRUE COPY P.S. TO JUDGE R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.19565 OF 2009 ----------------------------------------------------- DATED THIS THE 23rd DAY OF JULY, 2009 J U D G M E N T Basant, J. The short prayer of the petitioner is that there may be a direction to the Family Court for expeditious disposal of R.P.No.1204/09. The Writ Petition was filed on 10.7.2009. Report of the learned Judge was called for. We have perused the report dated 18.7.2009 of the Family Court, Nedumangad. The learned Judge has reported that the case now stands posted to 24.7.2009 for appearance of the respondent. No proper steps have been taken by the petitioner to issue notice to the respondent, reports the Family Court. The learned Judge undertakes that within one month from the date of appearance of the respondent, the R.P. shall be disposed of. 2. The learned counsel for the petitioner submits that the respondent in the R.P. has already entered appearance before the Family Court in another connected matter between the parties which is pending as O.P.No.470/09. This fact must be brought to the notice of the Family Court and the Family Court must ensure W.P.(C)No.19565/09 -2- that expeditious steps are taken to ensure service on the respondent through such counsel who appears for the respondent before the court below in the connected matter. We accept the report of the learned Judge of the Family Court that the matter shall be disposed of within one month from the date of appearance of the respondent. Compliance shall be reported to this Court. 3. The Writ Petition is accordingly allowed in part to the above extent. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(C)No.19565/09 -3- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.19565 OF 2009 ----------------------------------------------------- DATED THIS THE 13th DAY OF JULY, 2009 O R D E R Basant, J. The short grievance of the petitioner is that the petition filed by her to set aside an ex parte order of divorce passed on 11.11.2008 is not being disposed of expeditiously. The petitioner apprehends that unless the said application is disposed of expeditiously, the very purpose of the petition will be defeated, as the respondent may re-marry in the meantime. 2. Heard. Admitted. Issue notice to the respondent by speed post, acknowledgement due. There shall be an interim direction that the respondent shall not get re-married until disposal of this Writ Petition. 3. Call for a report from the Family Court as to why R.P.No.1204/09 is not taken up for disposal yet and what time will be taken for disposal of the said petition. We need only mention that we expect the Family Court to dispose of that W.P.(C)No.19565/09 -4- petition as expeditiously as possible, if there be no legal impediments against the disposal. Await report of the Family Court and appearance of the respondent. 4. Call on 23.7.2009. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn