RESMI P Vs. ANOOP R C

JUDGEMENT

(1.) 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.

(3.) 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 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.