High Court Kerala High Court

Shadinah Kamaludin vs Faizal K.M. on 2 December, 2009

Kerala High Court
Shadinah Kamaludin vs Faizal K.M. on 2 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32284 of 2009(R)


1. SHADINAH KAMALUDIN, D/O.MOHAMMED
                      ...  Petitioner

                        Vs



1. FAIZAL K.M., S/O.MOHAMMED YOUSAF,
                       ...       Respondent

2. MOHAMMED YOUSAF, AGED 65 YEARS,

3. FATHIMA BEEVI, D/O.RAHUMAN BEEVI,

                For Petitioner  :SMT.K.KUSUMAM

                For Respondent  : No Appearance

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

 Dated :02/12/2009

 O R D E R
              R.BASANT & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                     W.P.(C).No.32284 of 2009
                    ----------------------------------------
            Dated this the 2nd day of December 2009


                          J U D G M E N T

Basant,J

The report of the learned Judge of the Family Court dated

24/11/2009 shows and the learned counsel for the petitioner

accepts that the trial has already commenced. The learned

Judge, in the report, undertakes that the matter shall be

disposed of as expeditiously as possible, at any rate, within a

period of four months from 23/11/2009.

2. We accept that report of the learned Judge. We are

satisfied that no further directions need be issued.

3. This writ petition is accordingly allowed in part

accepting the undertaking of the learned Judge of the Family

Court that the matter shall be disposed of by 23/03/2010.

Compliance shall be reported to this court.




                                                       (R.BASANT, JUDGE)



                                              (M.C.HARI RANI, JUDGE)
jsr

           // True Copy//           PA to Judge

W.P.C No.32284/09    2

W.P.C No.32284/09                3

This application is for an early disposal of a petition filed initially

in 2003 before the Family Court, Thiruvananthapuram and now

pending before the Family Court, Nedumangad as

O.P.No.762/05. The learned Judge reports that an application

for setting aside the ex parte order in that case stands posted to

17/11/2009 for hearing and disposal. The learned counsel is

unable to explain to the court what is transpired on 17/11/2009.

The learned Judge, in the report, undertakes that the case shall

be disposed of at the earliest – within a period of four months, at

any rate.

2. Call for a further report from the Family Court,

Nedumangad. Has I.A.No.2004/09 been disposed of? Is time

being sought for the disposal of the O.P or the I.A? If it is for the

disposal of the I.A, we find absolutely no reason for four months

time for disposal. We need only mention that we expect the

learned Judge to dispose of the I.A forthwith and if the I.A is

allowed, to dispose of the O.P within a period of four months

from the date on which the I.A is allowed. Await further report

of the Family Court. Call on 02/12/2009.

3. Registry shall forthwith communicate the order to the

Family Court and get the response of the Family Court before

W.P.C No.32284/09 4

the next date of posting.

W.P.C No.32284/09 5

R.BASANT & M.C.HARI RANI, JJ.

.No. of 200

ORDER/JUDGMENT

29/07/2009