IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11926 of 2009(R) -------------------------- AGAINST THE ORDER IN IA 620/09 IN OP.1000/2008 and 1001/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- GEORGEKUTTY JOSEPH, S/O. JOSEPH, AGED 38 YEARS, THUPPALANJIYIL HOUSE, KARIMBANY P.O., MATTAKKARA, AKALAKUNNAM VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.JACOB E SIMON SMT.SHAMEENA SALAHUDHEEN RESPONDENT(S): --------------- JISHA VARGHESE, D/O. VARGHESE, AGED 34 YEARS, KOOVACKADU HOUSE, UMBIDY P.O., THOTTAKKADU, MADAPALLY VILLAGE, CHANGANACHERRY TALUK, NOW RESIDING AT 56, MULLAIRE MANOR, NEW PORT, CO. TIPPERARY, IRELAND, WORKING AS STA FF NURSE IN MILBRAE LODGE NURSING HOME , NEWPORT CO. TIPPERARY, IRELAND. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 11926 OF 2009 --------------------------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Basant, J. The petitioner is the respondent in O.P. Nos.1000 and 1001 of 2008 pending before the Family Court, Kottayam. These petitions are filed by the respondent herein claiming a decree of divorce and also return of money/ornaments. Joint trial has been ordered and a witness has been examined as PW.2 in that case. According to the petitioner, on account of the personal inconvenience of his counsel, PW.2 could not be cross- examined on the date on which the case was posted. An application was filed to recall PW.2 for cross-examination. That application has been dismissed and it is in these circumstances that this Writ Petition has been filed. 2. Learned counsel for the petitioner submits that the petitioner could not cross-examine PW.2 on account of reasons beyond his control. The reliefs claimed are for a decree of divorce and return of a large amount of money. If PW.2 is not cross examined, the appellant shall not be able to W.P.(C) NO. 11926/2009 2 advance and substantiate his contentions. Subject to appropriate conditions, the petitioner may be granted an opportunity to cross-examine PW.2, contends the learned counsel. 3. We have considered the submissions of the learned counsel. We have perused the available records. We are satisfied, in the circumstances of the case, that notwithstanding the omission on the part of the petitioner to cross-examine PW.2, a further opportunity should be granted to him to cross-examine PW.2. Appropriate conditions can be imposed to compensate PW.2 and the respondent for the inconvenience resulting therefrom. At any rate, we are satisfied that further delay can be avoided and an opportunity can be granted to the petitioner straightaway to cross- examine PW.2 without waiting for issue and return of notice to the respondent. 4. It is submitted that the case stands posted to 13.4.2009. It is directed that the Family Court, Kottayam shall grant an opportunity to the petitioner to cross-examine PW.2 on condition that the petitioner deposits an amount of Rs.2,000/- as costs on or before 13.4.2009 before the Family Court. If PW.2 is present before the Family Court on that day, the petitioner must get ready to cross-examine PW.2 on that day itself or on W.P.(C) NO. 11926/2009 3 the immediate following date to which the Family Court in its discretion may post the case. The petitioner will not be entitled to claim further time for cross-examination of PW.2. Needless to say, after cross-examination of PW.2, an opportunity shall be given to the petitioner to examine his witness also. 5. This Writ Petition is allowed to the above extent without waiting for issue and return of notice to the respondent.. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 11926/2009 4 R. BASANT & C.T. RAVIKUMAR, JJ. W.P.(C) NO.11926/2009 JUDGMENT 8th April, 2009 W.P.(C) NO. 11926/2009 5