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Beena Kumar vs Beena Kumari on 6 July, 2009

Kerala High Court
Beena Kumar vs Beena Kumari on 6 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17709 of 2009(R)


1. BEENA KUMAR, AGED 42 YEARS,
                      ...  Petitioner
2. SREEKUMAR, S/O. SREEDHARAN NAIR,
3. ANIL KUMAR, S/O. SREEDHARAN NAIR,
4. KAMALAKSHY AMMA, W/O.SREEDHARAN NAIR,

                        Vs


1. BEENA KUMARI
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :06/07/2009

 O R D E R
              R.BASANT & M.C.HARIRANI, JJ.
                      * * * * * * * * * * * * *
                     W.P.(C).No.17709 of 2009
                     ----------------------------------------
                 Dated this the 6th day of July 2009


                           J U D G M E N T

BASANT,J

The short grievance of the petitioner is that in spite of

order in Tr.P.C.No.181/08 wherein a direction for expeditious

disposal was issued, O.P.No.627/08 is not being disposed of by

the Family Court, Kollam. It is prayed that appropriate

directions may be issued for expeditious disposal of the case.

2. The remarks of the learned Judge of the Family Court

was called for. The learned Judge has reported that ten months

further time is required for the disposal of the said petition

which, according to the learned Judge, deserves to be disposed

of along with O.P.No.930/08. The learned Judge prays for ten

months time for disposal of the said two original petitions in the

light of the fact that several old cases are pending.

3. We take note of the submission of the learned counsel

for the petitioner that the petitioner is aged 78 years and it is

necessary that he is not left to languish in the queue. His case

deserves to be taken up out of turn, submits the learned counsel

for the petitioner.

W.P.C No.17709/09 2

4. We find merit in the petition. In the peculiar facts and

circumstances of this case, we are satisfied that the Family

Court, Kollam can be directed to dispose of both O.P.Nos.627/08

and 930/08 within a period of four months from the date on

which a copy of this judgment is placed before the learned Judge.

5. Hand over copy of this judgment to the learned

counsel for the petitioner for production forthwith before the

learned Judge. Compliance shall be reported by the learned

Judge to this court.




                                            (R.BASANT, JUDGE)



                                       (M.C.HARIRANI, JUDGE)



jsr

                 // True Copy//      PA to Judge

W.P.C No.17709/09               3

                Dated this the 25th day of June 2009


                            O R D E R

BASANT,J

The short grievance of the petitioner is that O.P.No.627/08

pending before the Family Court, Kollam which is directed to be

tried along with a connected O.P transferred to that court of the

Family Court, Alappuzha has not been disposed of expeditiously

notwithstanding the specific directions issued in the transfer

petition – order dated 7/8/2008 in Tr.P.(C) No.181/08. The

petitioner, it is submitted, had moved the Family Court by a

petition dated 17/6/2009 for such expeditious disposal; but in

spite of that, the matter has not been disposed of, nor has any

order been passed on Ext.P4 application.

2. We find the prayer of the petitioner to be legitimate.

Call for a report from the learned Judge of the Family Court,

Kollam. Why is O.P.No.627/08 not taken up for disposal? What

time will be required by the court to dispose of that case along

with the connected case as already directed? The report of the

Family Court shall furnish to us all the above details. We need

only opine that we expect the Family Court to dispose of the two

W.P.C No.17709/09 4

O.Ps as expeditiously as possible. Await report of the Family

Court.

Call on 06/07/2009.

W.P.C No.17709/09 5

R.BASANT & M.C.HARIRANI, JJ.

.No. of 200

ORDER/JUDGMENT

18/06/2009

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