IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26737 of 2009(R)
1. C.ASWANI KUMAR, S/O.CHELLAPPAN PILLAI,
... Petitioner
Vs
1. K.S.JAYALAKSHMI, D/O.SUBHADRAMMA,
... Respondent
For Petitioner :SRI.V.SETHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :07/10/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.(C).No.26737 of 2009
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Dated this the 7th day of October 2009
J U D G M E N T
Basant,J
The short prayer of the petitioner in this O.P is that
O.P.No.372/07 pending before the Family Court,
Thiruvananthapuram may be directed to be disposed of
expeditiously. According to the learned counsel for the petitioner,
this case is not included in the list of targeted cases for disposal
and in these circumstances, the court below is not proceeding to
take up the matter. According to the petitioner, there are
compelling reasons which justify an out of turn expeditious
disposal of O.P.No.372/07. The learned counsel for the petitioner
has taken us through the history of the litigation which appears to
suggest that there is merit in the prayer for an out of turn early
disposal of the case.
2. We asked the learned counsel for the petitioner whether
any application has been filed before the court below raising the
request for such an out of turn expeditious disposal. Normally and
ordinarily such relief must be sought from the court concerned.
The petitioner must apprise the Family Court of the circumstances
which oblige the court to take up the matter out of turn
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notwithstanding the fact that the case is not included in the list of
targeted cases for disposal during the year. We have no reason to
assume that if sufficient reasons are shown, the Family Court will
not proceed to consider the request favourably. At any rate,
without and before moving that court, we find no justification in
the petitioner moving this court seeking the relief of out of turn
expeditious disposal.
3. This writ petition is, in these circumstances, dismissed;
but with the specific observation that it shall be open to the
petitioner to move the Family Court for an out of turn expeditious
disposal of O.P.No.372/07 urging all grounds in support of that
prayer. The learned Judge of the Family Court must consider such
application and pass appropriate orders. Needless to say, if
aggrieved by such order of the learned Judge, the option of the
petitioner to approach this court to seek further direction shall
remain unfettered.
4. Hand over copy of this order to the learned counsel for
the petitioner so that the petitioner can produce the same while
moving the court for out of turn expeditious disposal.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr // True Copy// PA to Judge
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R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009