High Court Kerala High Court

Shajahan vs Binoymol on 24 October, 2008

Kerala High Court
Shajahan vs Binoymol on 24 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30609 of 2008(S)


1. SHAJAHAN, AGED 38 YEARS, S/O.ABDUL
                      ...  Petitioner

                        Vs



1. BINOYMOL, AGED 28 YEARS,D/O.SHAMSUDHEEN,
                       ...       Respondent

2. ANVERSHA, MINOR, MATTATHU KIZHAKKETHIL,

3. ALEESHA FATHIMA, MINOR, MATTATHU

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :24/10/2008

 O R D E R
                            P.R.RAMAN &
                  T.R.RAMACHANDRAN NAIR,JJ.
              -------------------------------
                   W.P.(C)NO.30609 OF 2008
              --------------------------------
                Dated this the 24th day of October, 2008

                               JUDGMENT

Raman,J.

This is a writ petition filed for a direction to the Family Court,

Thiruvalla to dispose of Exts.P2 and P3. Petitioner was declared ex

parte in M.C.No.224/06 filed by the wife and he was directed to

pay maintenance. Petitioner filed an application (Ext.P2) to set

aside the ex parte order along with a petition (Ext.P3) to condone

the delay. Ext.P3 itself shows that there is a delay of 270 days and

the petition was filed only on 27th August, 2008. We do not find

that there is any inordinate delay in the matter of disposal of

Exts.P2 and P3, since only one month has elapsed after filing the

said petition. However, if there is any urgency in the matter of

exceptional nature, nothing prevents the petitioner from filing a

petition showing good reasons for an early disposal of the said

case, in which event the court below will bestow consideration of

-2-
WP(C).No.30609/2008

the matter in accordance with law.

Subject to the above, this writ petition is dismissed.

P.R.RAMAN,
Judge.

T.R.RAMACHANDRAN NAIR,
Judge.

kcv.