IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 13188 of 2008(S) -------------------------- OPHMA.40/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER: ------------ RAJASHREE.V.JADHAV, W/O.VIKRAM SINGH JADHAV, AGED 19, RESIDING AT UMBRADE, WAKESHWAR P.O., KHATAVU TALUK, SATTARA DISTRICT, MAHARASHTRA. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ------------- SIYAM P.ASHRAF, S/O.P.K.ASHRAF, PUTHENVEETTIL HOUSE, YENDAYAR P.O., THENPUZHA EAST, KOTTAYAM NOW RESIDING AT PUTHENVEETTIL HOUSE, VELANILAM P.O., KUNDAKKAYAM, KOTTAYAM. BY ADV. SRI.R.REJI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX petitioner's Exhibits Ext.P1: True copy of the petition in H.M.A. (O.P) No.40/2008 of the Family Court, Kottayam Ext.P2: True copy of the Objection submitted by the petitioner before the Family Court in answer to Ext.P1 Ext.P3: True copy of the Petition along with the affidavit submitted by the petitioner seeking permission to appoint an advocate on her behalf . Ext.P4: True copy of the notice dated 4.2.2006 regarding the proceedings in Crime No. 26/2006 of Mundakkayam Police station issued by J.F.C.M., Kanjirappaly. Ext.P5: True copy of the judgment dated 22.2.2006 in W.P(C) No. 4514/2006. Ext.P6: True copy of the judgment dated 6.6.2006 in W.P (Crl) No.139 of 2006 Ext.P7: True copy of the judgment dated 26.2.2007 in W.P (Crl) 10/2007 Ext.P8: True copy of the judgment dated 21.6.2007 in W.P (Crl) No. 135/2007. //True copy// es KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ W.P.(C) No. 13188 of 2008 ------------------------------------------- Dated this the 15th day of July 2008 JUDGMENT Kurian Joseph,J This writ petition is filed for the following prayers: i) To call for the records relating to Ext.P1 Petition (H.M.A. (O.P) No. 40/2008 of the Family Court, Kottayam at Ettumanoor; i) To issue a direction to the Family Court, Kottayam at Ettumanoor to entertain Ext.P3 application filed by the petitioner and to pass appropriate orders on the same; iii) To declare that the petitioner is entitled to be represented by her lawyer in Ext.P1 proceedings pending before the Family Court, Kottayam at Ettumanoor without insisting for her personal appearance; On 16.4.2008 this Court passed the following interim order “ Admit. Issue notice. The petitioner shall be allowed to appear before the Family Court, through counsel. She will be free to raise all the contentions through her counsel. “ We do not think in the facts and circumstances of the case any further orders are necessary in this writ petition. Therefore this writ petition is disposed of in terms of the interim order extracted as above making it clear that we have not gone into any of the contentions of the parties and it is open to the parties to pursue the matter before the Family Court, Kottayam, with all available contentions. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es