IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 OP (FC).No. 180 of 2011(R) -------------------------- OP.1073/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER/PETITIONER --------------------------------------- SHERI THAMPI, AGED 24 YEARS, THONATTU HOUSE, MAMALA P.O., KAKKAD KARA, ERNAKULAM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA SMT.N.K.SHEEBA RESPONDENT/RESPONDENT: ------------------------------------------ SUNNY VARGHESE, AGED 32, NEDUMPARAMBIL HOUSE, THIRUVANKULAM, ERNAKULAM-682 305. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 180 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2011 JUDGMENT Joseph, J. The petitioner has approached this Court for a direction to the Family Court, Ernakulam to dispose of O.P.No. 1073 of 2009 expeditiously. 2. Briefly the case of the petitioner is as follows. The respondent herein filed a petition, O.P. 810 of 2009 against he petitioner for divorce. When the matter came up on 24.8.2009, though the petitioner was present, the respondent did not appear and hence the case was posted for filing objections to 26.10.2009. The petitioner was present on that day. Both sides were not ready and the case was posted to 27.1.2010. On 27.1.2010 the petitioner filed proof affidavit. It is the case of the O.P.(FC).No. 180 of 2011 2 petitioner that though the petitioner was present on all the date of postings, the court noted that both sides were not present. 3. In the report the Family Court stated inter alia that O.P. No.1073 of 2009 is a petition filed on 10.7.2009 by the wife against the husband for restitution of conjugal rights and O.P. 810 of 2009 was filed by the husband for a decree of divorce on the ground of cruelty. Both the cases were taken up on 10.7.2009 and the parties were referred for counselling. After counselling, the parties were directed to file counter statement within one month and the cases were posted to 26.9.2009 for steps, if any. In both the cases the respondents have not filed counter statement so far. The cases now stand posted to 18.1.2011. 4. In view of the report of the Family Court, we direct that both the cases, i.e. O.P.Nos. 1073 of 2009 and 810 of 2009 shall be disposed of as early as possible, at any rate, within a period of six O.P.(FC).No. 180 of 2011 3 months from the date of production of a copy of this judgment before the Family Court. 5. This Original Petition is disposed of as above. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm