High Court Kerala High Court

Nisha.K.T vs Abhilash Vijay on 10 February, 2010

Kerala High Court
Nisha.K.T vs Abhilash Vijay on 10 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4388 of 2010(R)


1. NISHA.K.T,AGED 25 YEARS,
                      ...  Petitioner

                        Vs



1. ABHILASH VIJAY,AGED 27 YEARS,ABHILASH,
                       ...       Respondent

                For Petitioner  :]RI.SURESH KUMAR KODOTH

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :10/02/2010

 O R D E R
         K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
       ------------------------------------------------------
                W.P.(C) No.4388 of 2010-R
          ----------------------------------------------
         Dated, this the 10th day of February, 2010

                        J U D G M E N T

K.M.Joseph, J.

Petitioner seeks the following reliefs:

“i). to issue a direction to the Family Court,

Kasargod to dispose of Exhibit P3 application in

accordance with law, before trial and disposal of

MC No.175 of 2009”.

2. Briefly put, the case of the petitioner is as

follows:– Petitioner is the wife of the respondent. She has

filed MC No.175/2009 before the Family Court, Kasargod.

Pending the proceedings petitioner filed CMP No.69 of 2010

under Sections 45 and 73 of the Evidence Act for comparison

of the specimen voice of the respondent with that of the

obnoxious calls made by him to the petitioner recorded so as

to prove cruelty. It is stated that the Family Court is not

disposing of the said application. Accordingly, she prays that

a direction may be issued to the Family Court to dispose of

Ext.P3 application, namely, C.M.P.No.69/2010 before MC

W.P.C No.4388/2010 -2-

No.175/2009 is disposed of. It is stated that the MC is posted

for evidence.

The writ petition is disposed of directing the Family

Court, Kasargod to dispose of Ext.P3 application before it

disposes of MC No.175 of 2009.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS