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 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 32284 of 2009(R) -------------------------- OP.762/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- SHADINAH KAMALUDIN, D/O.MOHAMMED KAMALUDIN, AGED 27 YEARS, RESIDING AT RASHID MANZIL, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT (NOW RESIDING IN BLK 403, PANDAN GARDENS #07-23, SINGAPORE 600403) REP.BY P/A HOLDER,MR.ABDUL VAHAB R/AT CHAYAKKARIVILAKOM, EDAVA VILLAGE. BY ADV. SMT.K.KUSUMAM RESPONDENT(S): --------------- 1. FAIZAL K.M., S/O.MOHAMMED YOUSAF, AGED 30 YEARS, RESIDING AT KOCHUVEEDU, KAPPIL, EDAVA VILLAGE, EDAVA, THIRUVANANTHAPURAM DISTRICT. 2. MOHAMMED YOUSAF, AGED 65 YEARS, RESIDING AT KOCHUVEEDU, KAPPIL, EDAVA VILLAGE, EDAVA, THIRUVANANTHAPURAM DISTRICT. 3. FATHIMA BEEVI, D/O.RAHUMAN BEEVI, AGED 57 YEARS, RESIDING AT KOCHUVEEDU, KAPPIL, EDAVA VILLAGE, EDAVA, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.32284 of 2009 ---------------------------------------- Dated this the 2nd day of December 2009 J U D G M E N T Basant,J The report of the learned Judge of the Family Court dated 24/11/2009 shows and the learned counsel for the petitioner accepts that the trial has already commenced. The learned Judge, in the report, undertakes that the matter shall be disposed of as expeditiously as possible, at any rate, within a period of four months from 23/11/2009. 2. We accept that report of the learned Judge. We are satisfied that no further directions need be issued. 3. This writ petition is accordingly allowed in part accepting the undertaking of the learned Judge of the Family Court that the matter shall be disposed of by 23/03/2010. Compliance shall be reported to this court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.32284/09 2 W.P.C No.32284/09 3 This application is for an early disposal of a petition filed initially in 2003 before the Family Court, Thiruvananthapuram and now pending before the Family Court, Nedumangad as O.P.No.762/05. The learned Judge reports that an application for setting aside the ex parte order in that case stands posted to 17/11/2009 for hearing and disposal. The learned counsel is unable to explain to the court what is transpired on 17/11/2009. The learned Judge, in the report, undertakes that the case shall be disposed of at the earliest - within a period of four months, at any rate. 2. Call for a further report from the Family Court, Nedumangad. Has I.A.No.2004/09 been disposed of? Is time being sought for the disposal of the O.P or the I.A? If it is for the disposal of the I.A, we find absolutely no reason for four months time for disposal. We need only mention that we expect the learned Judge to dispose of the I.A forthwith and if the I.A is allowed, to dispose of the O.P within a period of four months from the date on which the I.A is allowed. Await further report of the Family Court. Call on 02/12/2009. 3. Registry shall forthwith communicate the order to the Family Court and get the response of the Family Court before W.P.C No.32284/09 4 the next date of posting. W.P.C No.32284/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009