IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 9918 of 2008(S) ------------------------- MC.117/2006 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- PUSHPY, W/O. ANTONY, AGED 41 YEARS, RESIDING AT CC.NO.XX/1476B, KOLLASSERY HOUSE, PERUMPADAPPU, KOCHI-6. BY ADVS. SRI.K.L.JOSEPH SMT.P.SAREENA GEORGE RESPONDENT(S): --------------- 1. ANTONY, S/O. EASI, AGED 49 YEARS, KOLLASSERI HOUSE, KONAM, PALLURUTHY P.O., KOCHI-6. 2. FAMILY COURT, ERNAKULAM. ADV. SRI.P.K.GEORGE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9918/2008 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of M.C. No.117/2006 pending before the Family Court, Ernakulam. Ext.P2: True copy of M.P. No.441/2006 in M.C. No.117/2006 pending before Family Court, Ernakulam. Ext.P3: True copy of M.P. No.1250/2007 in M.C. No.117/2006 pending before Family Court, Ernakulam. Ext.P4: True copy of M.P. No.144/2008 in M.C. No.117/2006 pending before Family Court, Ernakulam. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------------------------------- W.P.(C) NO. 9918 OF 2008 --------------------------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Harun-Ul-Rashid, J. This Writ Petition is filed by the first petitioner in M.C. No.117 of 2006 on the file of the Family Court, Ernakulam. She and her two minor children are parties to a number of cases pending before the said court. The first respondent herein is the husband of the writ petitioner. The Writ Petition is filed for a direction to the Family Court, Ernakulam to dispose of Exts.P1, P3 , P4 and M.P. No.441 of 2006 in M.C. No.117 of 2006 within a specified time. 2. It is seen that M.C. No.117 of 2006, O.P. No.541 of 2006, O.P. No.1138 of 2006 and O.P. No.1591 of 2006 are pending before the Family Court, Ernakulam and M.C. No.146 of 2007 is pending before the Judicial First Class Magistrate's Court II, Kochi. When the matter was taken up for hearing, we had issued notice to the parties. Accordingly, the parties appeared on more than one occasion. We have also interacted with the parties on all such occasions. In the order dated 30.7.2008, we had issued direction to the two brothers of the first respondent to appear before this Court in order to find a solution to the disputes between the parties. In the course of discussion, we find that the parties are not co-operating for W.P.(C) NO. 9918/2008 2 settling the disputes. The brothers of the first respondent also did not turn up. In the circumstances, there is no possibility of settling the disputes amicably. 3. It is submitted by the learned counsel appearing for the petitioner that the Family Court has recorded the evidence in M.C. No.117 of 2006 and what remains is only the posting of the case for hearing. Counsel further submitted that M.C. No.146 of 2007 pending before the Judicial First Class Magistrate's Court II, Kochi is posted for final orders. We direct the Family Court, Ernakulam and the Judicial First Class Magistrate's Court II, Kochi to dispose of the above cases within a period of three weeks from the date of receipt of a copy of this judgment. The Family Court, Ernakulam is also directed to expedite the trial of the other cases and dispose of the same on merits within a period of six months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (HARUN-UL-RASHID) JUDGE sp/ W.P.(C) NO. 9918/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C) NO. 9918/2008 22nd October, 2008 W.P.(C) NO. 9918/2008 4