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Judgment
R. Basant, J.—The petitioner is the husband and the respondent herein is the wife. The petitioner had filed an application for divorce and by Ext.P1 order dated 08/04/2009 in O.P.(HMA) No. 788/08, an ex parte decree for divorce was passed. The respondent herein filed an application to set aside the ex parte order after condoning the delay in filing the same. Those applications are pending before the Family Court as I.A. Nos. 1971 and 1972 of 2009. During the pendency of that petition, the respondent filed an application for interim injunction to restrain the petitioner herein from committing breach of marital obligation or contract a second marriage during pendency of that petition. That petition was allowed vide Ext.P9 order and the challenge in this writ petition is against the said order.
When this petition came up for final hearing today, there is an agreement between learned Counsel that the impugned order can be maintained and direction can be issued to the Family Court to dispose of I.A. Nos. 1971 and 1972 of 2009 in O.P.(HMA) No. 788/08 as expeditiously as possible and within a stipulated period of time. We reckon the said suggestion to be acceptable. It is the case of the petitioner husband that he had already remarried prior to the filing of the petition to set aside the ex parte order. We find it unnecessary to express any opinion on that controversy now.
In the result, this writ petition is dismissed. But specific direction is issued to the Family Court, Thiruvananthapuram to dispose of I.A. Nos. 1971 and 1972 of 2009 in O.P.(HMA) No. 788/08 as expeditiously as possible - at any rate within a period of one month from 28/5/2010, on which date both parties/counsel shall appear before the Family Court.
Hand over copy of this order to both Counsel. The Family Court shall report compliance to this Court.