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 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14615 of 2009(R) -------------------------- O.P.NO.1340/2005 OF FAMILY COURT, ALAPPUZHA PETITIONERS: --------------- 1. MS. LAKSHMI SANKAR, W/O. SURESH K. SURENDRANATHAN 33 GALLOP LANE, SOMERSET, NEW JERSEY 08873 U.S.A., REPRESENTED BY POWER OF ATTORNEY HOLDER, C.K. GOPALAN NAIR, S/O. KARUNAKARA PANICKER, C-24, CHOICE GARDEN, VYTTILA P.O., COCHIN -19. 2. NARAYANAN, MARVEL MANSION, HOUSE NO. 14, KATHRIKADAVU,COCHIN, PRESENTLY RESIDING AT S BLOCK, 89, IST FLOOR, 17TH STREET, NEAR MADALI AMMAN KOIL, ANNA NAGAR, CHENNAI 600 040. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDEN: --------------- SURESH K. SURENDRANATHAN, C/O. K.S. NAIR, ANJALI, KIZHAKKEMADAPARAMBIL, NANNAD, THIRUVANDOOR P.O.,ALAPPUZHA DT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.14615 OF 2009 R ----------------------------------------------------- DATED THIS THE 28th DAY OF MAY, 2009 J U D G M E N T Basant, J. Petitioners are the respondents in an O.P. filed by the respondent(husband) herein before the Family Court, claiming amounts. They are the wife of the respondent and her maternal uncle. The petition was filed as early as in 2005. The matter now stands posted for trial to 4.6.2009. The posting is for examination of the first petitioner specifically. The first petitioner is employed abroad in the U.S. As the matter is posted for trial, she has made arrangements to reach India on 3.6.2009. She will be appearing before court on 4.6.2009. She has leave for a period of only one week and has to leave India on 7.6.2009, to ensure that she doesn't lose her employment. She apprehends that if she doesn't return to her place of employment before the leave expires, she may, in these difficult days of recession, lose her employment abroad. She has, in these circumstances, come rushing to this Court with a prayer that the learned Judge W.P.(C)No.14615/09 -2- of the Family Court may be directed to take up the matter for trial on 4.6.2009 and if for any reason it is not completed on 4.6.2009, on the immediately following days so that she can return to U.S. on 7.6.2009. The counsel submits that the matter is posted for trial specifically and there is no specific reason for the petitioner to apprehend that her examination will not be completed in time to enable her to leave on 7.6.2009. The petitioner does not want to take a chance and that is why she has come to this Court along with the co-petitioner seeking specific directions under Article 227 of the Constitution of India, to the Family Court to complete the examination of the first petitioner at least on 4.6.2009 or the immediately following days, at any rate, prior to 7.6.2009. 2. The request appears us to be very reasonable. We have no reason to assume that the Family Court, if it is apprised of these facts, will not ensure that the examination of the first petitioner is completed in time to enable the first petitioner to leave India on 7.6.2009. The petitioners can apprise the Family Court of these facts and we do expect the Family Court to ensure W.P.(C)No.14615/09 -3- that the examination of the first petitioner is completed sufficiently early so that she can leave India on 7.6.2009. With these directions/observations, this petition is allowed. 3. Hand over copy of this judgment to the learned counsel for the petitioner forthwith. The Family Court shall submit a report to this Court of the action taken in pursuance of this direction. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn