IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Mat.Appeal.No. 588 of 2010() ---------------------------- AGAINST THE ORDER DATED / / IN IA 862,863/2010 IN OP.80/2006 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- G. GOPAKUMAR, S/O. K. GOPINATHAN NAIR, KADAMBARI, P.K.P. ROAD, N.R.R.A.B.19, KODUGANOOR P.O., VATTIYOORKAVU, TRIVANDRUM. NOW RESIDING AND WORKING AT KING FISHER AIRLINES BANGALORE AOR[PRT (PVT) LTD. BY ADV. SRI.G.VENUGOPAL RESPONDENT(S): --------------- SMITHA NAIR, D/O. T.K. SADASIVAN NAIR, SIVAKALYAN, T.C.11/254, A-7, KANAKA NAGAR, KOWDIAR P.O., TRIVANDRUM. ADV. SRI.B.S.SURESH (CHIRAKKARA) FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- Mat. Appeal No. 588 of 2010-C ------------------------------------------------- Dated this the 22nd day of September, 2010 JUDGMENT Basant,J. This appeal stands posted to this date for referring the parties to the Mediator. Both counsel had agreed that the parties shall appear before this Court for mediation today. Today, when the case is called, there is no representation for the appellant. The respondent is personally present. Her counsel is also present. There is no representation for the appellant. On the invitation of the Court, as agreed by both sides, the respondent has today come to Court. It is extremely irresponsible on the part of the appellant and his counsel not to appear today and not to make any representation. If the appellant could not appear for mediation today for any valid reason, he must have ensured that the respondent is informed Mat. Appeal No. 588 of 2010 -: 2 :- about such inability of his and the unnecessary vexation suffered by her to undertake a trip all the way to Ernakulam should have been avoided. We take it that the appellant is not interested in prosecuting this appeal. 2. When the case was called at 10.15 a.m. as Item No.1, there was no representation. At 12.35 p.m. the matter was called again. Even now, there is no representation. We record this fact to indicate the absence of interest on the part of the appellant to prosecute this appeal. 3. This appeal is, in these circumstances, dismissed for non-prosecution. Sd/- R. BASANT (Judge) Sd/- M.L. JOSEPH FRANCIS (Judge) Nan/ //true copy// P.S. to Judge