IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 16986 of 2009(R) -------------------------- OP.317/2008 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- JOHN K.MATHEW, S/O.LATE K.K.MATHEW, P.B.NO.427, TABUK, SAUDI ARABIA, PERMENANTLY RESIDING AT CHAKKALAPARAMPU KUZHITHARAYIL (HOUSE) KADAPRA MANNAR P.O., NIRANAM VILLAGE (PRESENT ADDRESS JOHN K.MATHEW) BY ADV. SMT.P.K.RADHIKA RESPONDENT: --------------- LALI JOHN, W/O.JOHN K.MATHEW, CHAKKALAPARAMPU KUZHITHARAYIL HOUSE, KADAPRA MANNAR P.O., NIRANAM VILLAGE, THIRUVALLA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.16986 OF 2009 ----------------------------------------------------- DATED THIS THE 13th DAY OF JULY, 2009 J U D G M E N T Basant, J. The petitioner-husband has filed an application for divorce before the Family Court against the respondent, his wife. That application is pending as O.P.No.317/2008 before the Family Court, Thiruvalla. The petitioner came to this Court with this Writ Petition complaining that the Family Court is not taking effective steps to get the service effected and to proceed with the matter. This Writ Petition was admitted on 19.6.2009. The report of the Family Court was called for and received. The report dated 25.6.2009 has been perused by us. The report shows that the respondent has not been served yet in O.P.No.317/08. The court below is waiting for getting the service effected on the respondent. This Court was persuaded to issue a direction that an appropriate person must be deputed to get the service effected on the respondent. The Family Court reports that the respondent is not available in India admittedly and in these circumstances, that direction could not be carried out. W.P.(C)No.16986/09 -2- 2. We are satisfied that this Writ Petition is without any merit. It is for the petitioner to take effective steps to get the service effected on the respondent. At the moment, there is nothing to assume that service has been properly made on the respondent. The petitioner can take proper steps through the Embassy officials to get the service effected. No further directions are necessary in this Writ Petition. This Writ Petition is accordingly dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn