IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 11478 of 2009(R) -------------------------- PETITIONER: --------------- JEEJA GEORGE, D/O. GEORGE, AGED 39, REP. BY POWER OF ATTORNEY GOERGE THOMAS, KAITHAVANA HOUSE, KUROORKARA,KOTHAMANGALAM. BY ADV. SMT.SANTHAMMA ISSAC RESPONDENT: --------------- DR. CHERIAN.K.ABRAHAM, AGED ABOUT 52, KUNNATHU PUTHENPURA(PAIMATTOM),VADAKARA, OLIYAPURAM.P.O., KOOTHATTUKULAM. ADV. SRI.S.RAJEEV FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.11478 of 2009 ------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT BASANT, J. There is acrimonious dispute between the parties, who are spouses. We are concerned in this petition with two O.Ps pending before the Family Court between them. They are (i) G.O.P No.721 of 2007, filed by the husband for custody of the child. (ii) O.P.No.685 of 2008, also filed by the husband for divorce. 2. These petitions are pending before the Family Court. In G.O.P No.721 of 2007, there were certain directions regarding visitorial rights and production of the child. Those directions could not be complied with by the petitioner herein for the reason that the child and the mother are now in Malaysia. The learned Judge of the Family Court, by the impugned order- Ext.P13, directed that the defence of the petitioner be struck off in the light of the alleged disobedience of the order of the court. 3. The matter has been discussed at the Bar. The learned counsel for the respondent fairly submits that the respondent only wants the matter to be disposed of on merits at W.P(C) No.11478 of 2009 2 the earliest. He does not insist that the defence of the petitioner must be struck off. But it may be made clear that the petitioner must get ready for trial on a specified date and both the cases must be disposed of within the time schedule appropriately fixed by the court. The learned counsel for the respondent submits that the petitioner is interested only in dragging on the proceedings and the respondent feels that the petitioner shall not get ready for trial and will only try to drag on the proceedings. 4. The learned counsel for the petitioner stoutly refutes these allegations. She submits that the petitioner shall appear before court on a specified date and get ready for trial in both the matters. Report of the learned Judge of the Family Court was obtained and the learned Judge reports that the matters are ready for trial and can be disposed of within a period of 3 months if the parties co-operate. 5. We are, in these circumstances, satisfied that appropriate, definite and specific direction can be issued in the matter to ensure prompt and time bound disposal of G.O.P No.721 of 2007 and O.P.No.685 of 2008, both pending before the Family Court, Ernakulam. W.P(C) No.11478 of 2009 3 6. In the result, this Writ Petition is allowed and the following specific directions are issued. a) The impugned order is set aside and it is made clear that the petitioner shall be entitled to urge all her defences in G.O.P No.721 of 2007 in accordance with law; b) The Family Court shall list G.O.P No.721 of 2007 and O.P.No.685 of 2008 to the second week of September, 2009 for trial and disposal; c) The parties shall appear before the court on that day and get ready for trial. The learned Judge of the Family Court shall list both the case for hearing day to day and ensure that these two O.Ps are disposed of as expeditiously thereafter - at any rate prior to 15.10.2009. 7. Compliance shall be reported to this Court. 8. We make it clear that the petitioner must appear with the child before the Family Court when the case is listed for trial to the second week of September, 2009. If she does not co- operate, needless to say, appropriate consequences will follow. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) W.P(C) No.11478 of 2009 4 rtr/-