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
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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