IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 33349 of 2007(S) -------------------------------------- OP.731/2004 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------------- DIVYA, W/O.JOSE PRAKASH, NOW RESIDING AT MELIT PALATHINGAL HOUSE, KAVEEDU DESOM, GURUVAYOOR, REPRESENTED BY MOTHER AND GUARDIAN, SHERLY, W/O.THOMAS, MELIT PALATHINGAL HOUSE, KAVEEDU DESOM, GURUVAYOOR. BY ADV. SRI.JIJO PAUL RESPONDENTS: ---------------------- JOSE PRAKASH, S/O.VARUNNI, CHIRAYATH CHUKKIRI HOUSE, AMBALLUR VILLAGE, VARAKKARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ SRI.CLEMANCE ANTO GRACE THOTTAPPILLY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. (C)NO. 33349/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THEFAMILY COURT, THRISSUR AS OP. NO.731/2004 DT. 12.7.04. EXT.P2:- COPY OF THE COUNTER STATEMENT DT. 15.3.2000 FILED BY THE PETITIONER TO EXT. P1 PROCEEDINGS. EXT.P3:- COPY OF THE MARK STATEMENT OF THE PETITIONER ISSUED FROM INDIAN ISLAHI ISLAMIC SCHOOL, ABU DHABI, U.A.E., DT. 28.5.01. EXT.P4:- COPY OF THE CERTIFICATE ISSUED BY THE INDIAN SOCIETY FOR EDUCATIONAL DEVELOPMENT DT. 20.6.06 TO THE PETITIONER. EXT.P5:- COPY OF THE CERTIFICATE DT. 20.6.06 ISSUED BY THE INDIAN SOCIETY FOR EDUCATIONAL DEVELOPMENT TO THE PETITIONER IN COMPUTER TEACHERS TRAINING COURSE. EXT.P6:- COPY OF THE PETITION FILED BY THE PETITIONER DT. 22.9.06 AS IA. NO.3039/06 IN OP. NO.731/04 BEFORE THE FAMILY COURT, THRISSUR. EXT.P7:- COPY OF THE PETITION DT. 22.9.06 FILED BY THE PETITIONER ALONG WITH EXT.P6 AS IA. NO.30306/06 TO PERMIT THE PETITIONER TO REPRESENT HERSELF IN EXT.P6 IA. EXT.P8:- COPY OF THE ORDER DT. 1.8.07 PASSED BY THE FAMILY COURT, THRISSUR IN OP. NO.731/04. /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- W.P.(C) No.33349 OF 2007 ------------------------------------- Dated 6th March, 2008 JUDGMENT Koshy,J . Only an interim order of the Family Court is challenged in this case. After hearing the parties, Family Court directed the petitioner to undergo a medical check-up before the Medical Board and directed the Superintendent of Medical College Hospital, Thrissur to constitute a Medical Board for clinical/psychological check-up. First contention of the petitioner is that there was no specific petition for such an order. Family Court in the course of the proceedings is entitled to direct the parties for counselling as well as to seek opinion of the Medical Board or escape it. Therefore, a separate petition need not be necessary. Secondly, it is contended that the respondent is impotent and to cover up the same such tactics are taken and the respondent also has to be examined by the Medical Board. Considering these contentions, we are of the opinion that both petitioner and respondent should be present at the time of examination and both should be examined by the Medical Board. In the above circumstances, petitioner and respondent should undergo a check-up before the Medical Board. The Superintendent of Medical College Hospital, Thrissur is directed to constitute a Medical Board for clinical/psychological examination of the parties to be coducted W.P.(C)No.33349/2007 2 on 21.4.2008 and report of the examination should be sent to the Family Court directly. Further proceedings has to be continued by the Family Court. The writ petition is disposed of with the above direction. Registry to send a copy of this judgment to the Superintendent of Medical College Hospital, Thrissur for compliance. J.B.KOSHY JUDGE K.HEMA JUDGE tks