IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23144 of 2009(R) -------------------------- OP.44/2007 of FAMILY COURT, KALPETTA .................... PETITIONER(S): --------------- K.M.SAIDALAVI, S/O.MOIDEENKUTTY, KOLAKOTHU MECHERY VRIPADATH HOUSE, PANTHEERANKAVU POST, KOZHIKODE TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER K.A.MOIDEENKUTTY, S/O.SAIDALI. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------- FATHIMATH SUHRA, D/O.ABOOBACKER, PARAMBATHKATTIL HOUSE, TARIYODU, 8TH MILE POST, (VIA) POZHUTHANA, KALPETTA, WAYANAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.23144 of 2009 ---------------------------------------- Dated this the 13th day of August 2009 J U D G M E N T BASANT,J The petitioner is the respondent in O.P.No.44/07 on the file of the Family Court, Kalpetta. That petition is filed by his wife, who has secured an ex parte order in her favour. The petitioner wants to file a petition to set aside the ex parte order and has already filed such an application. That application is filed through the holder of the power of attorney of the petitioner. Ext.A5 is claimed to be the true copy of the power of attorney executed by the petitioner. 2. The Family Court has now directed the petitioner to produce the original of the deed of power of attorney. The petitioner is unable to produce the same. According to him, the original of the deed of power of attorney is missing and it is, in these circumstances, that he has produced copy of the instrument of power of attorney. The Family Court is insisting that the original must be produced. The petitioner is not able to trace the original and, in these circumstances, he is unable to W.P.C. No.23144/09 2 comply with the direction of the Family Court to produce the original of the deed of power of attorney. He has hence come to this court to set aside the direction issued by the Family Court. 3. Where is the instrument of power of attorney? The learned counsel for the petitioner submits that the document of power of attorney is misplaced by the learned counsel for the petitioner and hence he finds it impossible to produce the original. Reliance has been placed on Ext.P4 order passed by another learned Single Judge of this Court dated 13/2/2009 in W.P.C.No.4917/09. The learned Judge, in that case, had permitted the petitioner to produce the copy of the deed of power of attorney and had given him time to trace the power of attorney or to get a new power of attorney with the requisite statement of ratification. 4. According to the petitioner, even till today, he has not been able to trace the original power of attorney. He has not been able to get a fresh deed of power of attorney executed. In these circumstances, he prays that a similar direction as was issued in Ext.P4 may be granted in his favour. 5. We are unable to agree that the petitioner is entitled for any such indulgence. Even after Ext.P4 dated 13/2/2009, the W.P.C. No.23144/09 3 petitioner already had sufficient time to trace the original power of attorney or to execute a fresh power of attorney. We find no merit whatsoever in the present prayer for issue of directions identical to the one issued in Ext.P4. This writ petition only deserves to be dismissed. 6. The learned counsel for the petitioner submits that the Family Court may be directed to give the petitioner breathing time to produce a fresh power of attorney or trace the original. Request to that effect can be made before the Family Court and we have no reason to assume that the Family Court will not consider such request on merits and grant time to the petitioner, if he is entitled to such time. 7. With the above observations, this writ petition is dismissed. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C. No.23144/09 4 W.P.C. No.23144/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009