IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15559 of 2010(R) -------------------------- OP.600/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: --------------- RATHEESH, AGED 32 YEARS, S/O.SAHADEVAN, SMITHA BHAVAN, NEAR MONVILA GOVT.L.P.S., KULATHOOR (P.O), ATTINGAL HOUSE. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.R.VINU RAJ RESPONDENT: --------------- SMITHA SATHEESH, AGED 27 YEARS, D/O.SATHEESH KUMAR, 205, KAYANIYIL, 2, AYAKKUDI, KADAKKAVOOR (P.O), CHIRAYINKEEZHU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.15559 of 2010 ********************* Dated this the 21st day of May, 2010 JUDGMENT The petitioner herein is the petitioner in O.P.No.600 of 2008 pending before the Family Court, Thiruvananthapuram. The petitioner had filed the said O.P claiming divorce as early as in 2008, but the same has not been disposed of yet. The petitioner prays that there may be a direction for an early out of turn disposal of the O.P. 2. Has the petitioner moved the court below? What, if any, is the stand taken by the court below? The learned counsel for the petitioner does not say that any such application has been filed before the court below. The petitioner must have moved the Family Court, Thiruvananthapuram initially to get an out of turn early and expeditious disposal showing reasons. If such an application is filed, needless to say, the Family Court must consider the application on merits and pass appropriate orders. We have no reason to assume that the Family Court shall not consider the prayer of the petitioner for an early out of turn expeditious disposal, if he has reasons to substantiate the same. W.P(C) No.15559 of 2010 2 We deprecate the course adopted by the petitioner of rushing to this Court with this petition without and before moving the Family Court. 3. This Writ Petition is, in these circumstances, dismissed, but with the specific observation that if the petitioner files such an application for an out of turn expeditious disposal of O.P.No.600 of 2008 filed by him, the court below must consider the same and pass appropriate orders on merits. 4. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the court below when such an application is filed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/