IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22901 of 2010(R)
1. RESMI P, KULAMVILAKAM,
... Petitioner
Vs
1. ANOOP R.C, INDU, ATTUKAL,
... Respondent
For Petitioner :SRI.D.AJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :05/08/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.C.No.22901 of 2010
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Dated this the 5th day of August 2010
J U D G M E N T
Basant,J
The petitioner has come to this Court with the prayer that
O.P.No.1330/2008 pending before the Family Court,
Thiruvananthapurm filed by her for a declaration of nullity of
marriage allegedly solemnised and registered under the Special
Marriage Act with the respondent may be declared null and void.
That petition was filed on 11/12/2008. It is no-where near the
finishing point. It is at this juncture that the petitioner came to
this Court with this petition for issue of a direction for an early
out of turn expeditious disposal of the said O.P. The petitioner
has a further grievance that I.A.No.1445/2010 filed by her to
advance the hearing of O.P.No.1330/2008 is also not disposed of
by the Family Court. This petition is seen dated 20/7/2010 and
is filed before the court on 21/7/2010.
2. We admitted the writ petition and called for the
remarks of the learned Judge. We have received the
remarks/report dated 29/7/2010 from the learned Judge.
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3. It is not disputed that the petition was filed on
11/12/2008. The matter stood posted to 21/8/2010. Admittedly
objections/counter statement has not been filed by the
respondent so far. It is true, going by the report of the learned
Judge, attempt was made to settle the dispute by reference to
the Counsellor/Adalath. But those attempts have been proved to
be not productive. It was hence that the case was posted to
21/8/2010, admittedly without any specific directions of what
steps are to be taken. We find the grievance of the petitioner to
be absolutely justified in the given circumstances. Her prayer
that the O.P may be directed to be disposed of appears to be
absolutely reasonable and justified. The learned Judge of the
Family Court, at the end of his long report, has stated that if
given six months time from 03/08/2010, the O.P shall be
disposed of on merits. We are satisfied that the said submission
can be accepted and directions issued accordingly. The learned
counsel for the petitioner submits that the petitioner shall be
satisfied if the said undertaking by the court is complied with.
4. We have gone through the report of the learned
Judge. We must say that the request of the learned Judge that
W.P.C.No.22901 of 2010 3
the O.P may be transferred from his Court for the reason that the
petitioner has raised ground F in the writ petition is most
unnecessary and unjustified. Ground F reads as follows:
“F. Even the petitioner filed I.A.No.1445 of
2010 to advance the original petition No.1330 of
2008 from 21.8.2010 to near date for early
disposal of the case. Even though Ext.P2 I.A has
been posted it is being adjourned at the instance
of the respondent.”
5. There is no semblance of any personal allegation
against the Presiding Officer. We feel that the Presiding Officer
has unnecessarily inferred allegations of mala fides against the
Presiding Officer. It is true that as per the report of the learned
Judge I.A.No.1445/2010 had been allowed and the case was
advanced to 12/7/2010 and from that date the case was posted to
03/08/2010. The petitioner, when he filed this writ petition, has
not referred to such advancement of the case to 12/7/2010 and
the posting of the case to 03/08/2010. That can certainly be
reckoned as an innocent or innocuous omission. May be when
this petition was signed on 20/07/2008, the petitioner was not
aware of the advancement of the case to 12/7/2010. There is
W.P.C.No.22901 of 2010 4
nothing sinister to be inferred from such mis statement/omission
to give details in the petition. At any rate, the request for
transfer of the case does appear to us to be very unsatisfactory.
We do not accept the said request.
6. This writ petition is, in these circumstances, allowed.
We accept the submission of the learned Judge of the Family
Court that the matter shall be disposed of by 03/02/2011.
Compliance shall be reported to this Court.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
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W.P.C.No.22901 of 2010 6
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
19/07/2010