IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15609 of 2010(R)
1. K.S.TEPZI, W/O.JOBY WESLEY,
... Petitioner
Vs
1. JOBI WESLEY,S/O.J.WESLEY,
... Respondent
For Petitioner :SRI.D.VIJAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :21/05/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(C) No.15609 of 2010
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Dated this the 21st day of May, 2010
JUDGMENT
The petitioner had filed a petition for divorce etc. before
the Family Court, Thiruvananthapuram. She has filed that
petition against the respondent herein, her husband. That
petition has been pending from 2008. It is numbered as
O.P.No.365 of 2008.
2. The petitioner has come to this Court for a direction
to the Family Court for an out of turn early disposal of the said
petition. Has the petitioner moved any application before the
Family Court? What, if any, is the stand taken by the court
below? The learned counsel for the petitioner submits that it
appears to him that an application for an out of turn early
disposal of the said O.P has already been filed before the Family
Court. The number and details are not furnished. If any such
application has been filed, needless to say, the Family Court
shall expeditiously dispose of the said application. We have no
reason to assume that the Family Court shall not properly consider
the prayer of the petitioner for an early out of turn expeditious
W.P(C) No.15609 of 2010 2
disposal, if she has reasons to substantiate the same. We
deprecate the course adopted by the petitioner of rushing to this
Court with this petition without and before moving the Family
Court.
3. This Writ Petition is, in these circumstances,
dismissed, but with the specific observation that if the petitioner
files or has already filed any such application for an out of turn
expeditious disposal of O.P.No.365 of 2008 filed by him, the
court below must consider the same and pass appropriate orders
on merits.
4. Hand over a copy of this judgment to the learned
counsel for the petitioner for production before the court below
when such an application is filed.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/