IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3174 of 2009(S) ------------------------- MC.174/2006 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): --------------- MOHAMMED ISMAIL NAZEER,S/O.MOHAMMED ISMAIL,PALLIPADINJATTATHIL VEEDU,VATTAPPARA, CHERIYAVELINELLOR,KOTTARAKKARA TALUK,KOLLAM DIST, REP; BY P/A HOLDER SALIM,S/O.ASANARU KUNJU, KADAPPARA VADAKKETHIL,MUNDAKKAL MIDDLE,MUNDAKKAL VILLAGE,KOLLAM TALUK AND KOLLAM DIST. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------- 1. SULFETH BEEVI,W/O.MOHAMMED ISMAIL NAZEER SURABHI,ROAD VILA JUNCTION,CHERIYAVELINALLOR, KARINGANOOR, KOTTARAKKARA. 2. NABEEL,D/O.SULFETH BEEVI,SURABHI, ROAD VILA JUNCTION,CHERIYAVELINALLOR,KARINGANOOR, KOTTARAKKARA. 3. RINI, D/O.SULFETH BEEVI,SURABHI, ROAD VILA JUNCTION,CHERIYAVELINALLOOR,KARINGANOOR, KOTTARAKKARA. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 3174 OF 2009 --------------------------------------------------------- Dated this the 30th day of January, 2009 JUDGMENT Raman J. The direction to produce the counter petitioner in C.M.P. No.302 of 2008 in M.C. No.174 of 2006 on the file of the Family Court, Kottarakkara is impugned in this Writ Petition. The Writ Petition itself is filed through the Power of Attorney Holder. 2. It is submitted that the petitioner Mohammed Ismail Nazeer who is the respondent in the Family Court proceedings is at present abroad and it is not practically possible for him to appear in court on 30.1.2009. Further, to take leave when there is global recession, he is likely to lose his job. We have gone through Ext.P8 order. Normally, when the court wants a party to appear before the court, we will not interfere with such order. But, we are not able to accept the stand taken by the Family Court to produce the counter petitioner in C.M.P. No.303 of 2008 in M.C. No.174 of 2006 in the peculiar facts of this case. When one of the parties is W.P.(C)NO.3174/2009 2 residing outside the country, before ordering personal appearance, the court has to ascertain the possible date on which the parties can appear so as to mitigate the hardship in this regard. Accordingly, the direction to produce the petitioner herein before the Family Court on 30.1.2009 is set aside. It is open to the petitioner to suggest a suitable date when he comes over to India and the Family Court can refix the date of appearance, if found necessary. The Writ Petition is disposed of as above. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.3174/2009 3 P.R. RAMAN & C.T. RAVIKUMAR, JJ. W.P.(C)NO.3174/2008 JUDGMENT 30th January, 2009 W.P.(C)NO.3174/2009 4