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 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 16242 of 2010(R) -------------------------- MC.254/2007 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- SHAJAHAN,S/O.ABDULKHADAR KUNJU, KEETTITATHIL VEEDU,KANJIRAMKUZHI MUKKU, KAVILA,THRIKKARUVA,KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. SHEEJA BEEVI,D/O.SAITH MUHAMMAD, MANGALATH THODIYIL,KARIKKODU,T.K.M.COLLEGE.P.O, KOLLAM DISTRICT. 2. SHAHANAS,AGED 10 YEARS, S/O.SHEEJA BEEVI,MANGALATH THODIYIL,KARIKKODU, T.K.M.COLLEGE.P.O,KOLLAM DISTRICT. 3. SANOOSHA,AGED 4 YEARS,D/O.SHEEJA BEEVI, MANGALATH THODIYIL,KARIKKODU,T.K.M.COLLEGE.P.O, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.16242 of 2010 ---------------------------------------- Dated this the 16th day of June 2010 J U D G M E N T Basant,J This judgment must be read in continuation of our earlier order dated 27/5/2010. The report of the Family Court has been received. It shows that though the file was misplaced earlier, the same has been traced. The matter stands posted to 22/6/2010. The learned Judge of the Family Court undertakes that the matter shall be disposed of within a period of three months, that is on or before 22/9/2010. The learned counsel for the petitioner submits that if the said undertaking is complied with, no further relief is required. 2. We are satisfied that no further directions are necessary. 3. This writ petition is accordingly allowed in part. We accept the undertaking of the court below that M.C.No.254/2007 shall be disposed of on or before 22/09/2010. We issue no further directions. Compliance with the undertaking shall be reported to this Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.16242/10 : 2 : W.P.C.No.16242/10 : 3 : W.P.C.No.16242/10 : 4 : The prayer in the petition is that M.C.No.254/2007 may be ordered to be disposed of expeditiously along with O.P.No.757/2007. 2. In both petitions, the petitioner herein is the respondent/husband. In M.C.No.254/07, maintenance is claimed under Section 125 Cr.P.C. In O.P.No.757/2007 return of money, ornaments etc. is claimed. Obviously, file in the M.C is missing and the court below has not posted the same for disposal. The court has posted the O.P for disposal now. At this juncture, the petitioner has rushed to this court with the prayer that the M.C may be ordered to be disposed of expeditiously. We have no quarrel to that request. We shall ascertain from the court below why the said M.C is not disposed of. 3. Be that as it may, we are unable to understand why the trial in O.P.No.757/2007 must be ordered to be stayed. We find absolutely no reason. The court below can proceed with the trial in O.P.No.757/07. The court below shall send a report to us by the next date of posting as to why M.C.No.254/07 is not listed for trial. Is it true that the files are missing in the M.C? Has that been reported to the superiors? At what stage is M.C.No.254/07 W.P.C.No.16242/10 : 5 : is pending? All necessary details have to be furnished. 4. Await report of the Family Court. Call on 14/6/2010. Registry shall immediately communicate a copy of this order to the Family Court. W.P.C.No.16242/10 : 6 : W.P.C.No.16242/10 : 7 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009