IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2245 of 2008(S) ------------------------- OP.498/2007 of FAMILY COURT, MALAPPURAM MC.522/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------ CHETTIYANTHODIKA IBRAHIM FAISY,AGED 25, S/O.ABOO,R/AT.PATHRAKUNDU,PATHAR P.O.,KURUMBALANG- ODE VILLAGE,EDAKKARA,NILAMBUR TALUK,MALAPPURAM, REP.BY P/A.HOLDER YOOSUF FAIZY,30 YRS,S/O.ABOO, CHELLIANTHODIKA HOUSE,R/AT.PATHRAKUNDU,DO. P.O., DO. VILLAGE,EDAKKARA, DO. TALUK, MALAPPURAM. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS: ------------- MUKKUDAN NUZAIBA, AGED 19 YEARS, D/O. AHAMMED HAJI, POOLAPPADOM, PATHAR P.O., KURUMBALANGODE VILLAGE, EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.2245/08 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P.NO.498/07 OF FAMILY COURT, MALAPPURAM. EXT.P2 : TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM IN O.P.NO.498/07. EXT.P3 : TRUE COPY OF THE MAINTENANCE PETITION FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, MALAPPURAM. EXT.P4 : TRUE COPY OF THE COUNTER FILED BY THE PETITIONER THROUGH HIS POWER OF ATTORNEY HOLDER IN M.C. 522/07 IN FAMILY COURT,MALAPPURAM. EXT.P5 : TRUE COPY OF THE WITNESS LIST SUBMITTED BEFORE THE FAMILY COURT, MALAPPURAM IN M.C.522/07. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(c) No.2245 of 2008 ---------------------------------------------- Dated 23rd January, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayers :- (i) “To direct the Family Court, Malappuram to allow the petitioner to examine the witnesses shown in Ext.P5 witness list after issuing summons to them. (ii) to stay the pronouncement of judgment before examination of witnesses shown in Ext.P5 witness list and before hearing the argument of the counsel for the petitioner.” Though the respondent has an apprehension that the motive is only to protract the proceedings, in order to avert further proceedings on that ground, it is submitted that the respondent has no objection in the Family Court examining the witnesses shown in Ext.P5. Accordingly, there will be a direction to the Family Court, Malappuram to take steps in that regard immediately, and dispose of O.P.498/07 and M.C.522/07 within a period of six weeks from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs OP NO. 2 KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO. OF 200 ---------------------------------------------- J U D G M E N T Dated 23rd January, 2008.