IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17197 of 2010(R)
1. ABRAHAM DANIEL @ RAJU, AGED 44 YEARS,
... Petitioner
Vs
1. MABLE JOSEPH, AGED 39 YEARS,
... Respondent
For Petitioner :SRI.THYPARAMBIL THOMAS THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :21/06/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(C) No.17197 of 2010
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Dated this the 21st day of June, 2010
JUDGMENT
BASANT, J.
The petitioner has come to this Court with the grievance
that O.P(Divorce) No.622 of 2007 filed by him is not taken up for
disposal. Report of the learned Judge was called for. The
learned Judge reports that the O.P was once dismissed for non
prosecution. Later a restoration petition was filed and the
matter has been restored vide order dated 22.05.2010. The case
now stands posted to 22.07.2010. The learned Judge in the
report dated 16.06.2010 undertakes that the matter shall be
disposed of within a period of six months, ie. on or before
16.01.2011.
2. The learned counsel for the petitioner submits that
the petitioner has to return to his place of employment abroad.
It is, in these circumstances, prayed that the evidence of the
petitioner may be directed to be recorded at the earliest.
3. It is for the petitioner to move the court below for that
relief. He must bring to the notice of the court below the date on
W.P(C) No.17197 of 2010 2
which the petitioner has to leave India in connection with his
employment. We have no reason to assume that if the petitioner
makes an application to that effect, appropriate orders shall not
be passed by the court below.
4. This Writ Petition is allowed in part with the above
observations. We accept the undertaking of the court below that
the case shall be disposed of by 22.01.2011.
5. Compliance shall be reported to this Court.
6. Hand over a copy of this judgment to the learned
counsel for the petitioner.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/