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. 12118 of 2009(R) -------------------------- AGAINST THE ORDER IN IA.456/2009 IN OP.913/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- ABRAHAM P., S/O. PAULOSE, THUNDIATH HOUSE, KOODAL P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.LIJU.V.STEPHEN RESPONDENT(S): --------------- 1. DEEPTHI JOSE, KOTTARATHIL HOUSE, MANARCADU P.O., KOTTAYAM. 2. BAIJUMON A., THUNDIATH HOUSE, KOODAL P.O., PATHANAMTHITTA DISTRICT. 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. 12118 OF 2009 --------------------------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Basant, J. The petitioner is the second respondent in a proceedings initiated by the first respondent herein against him and the second respondent. Respondents 1 and 2 are spouses. Their marriage took place on 24.9.2007. The second respondent is employed abroad and he is now at his place of employment. Two Original Petitions have been filed by the first respondent before the Family Court. They are, one for divorce and the other for return of ornaments. In the latter petition for return of ornaments/money, the petitioner herein is the second respondent. The case was posted for appearance of respondents from 22.11.2008. The second respondent/husband has not entered appearance before the Family Court so far either personally or through counsel or through any power of attorney holder. The petitioner did enter appearance, but did not later appear and he was set ex parte. The matter stands posted for recording ex parte evidence on 5.5.2009. At this juncture, the petitioner has come before this Court with this Writ Petition under Article 227 of the Constitution of W.P.(C)NO. 12118/2009 2 India. 2. What is his prayer? The petitioner submits that his son has no problems with the first respondent/wife and that if the Family Court were to make an attempt for a settlement, it might bear fruit. He is unable to explain why his son has not chosen to enter appearance so far. It is submitted that the second respondent is employed abroad and hence unable to appear in court. We can understand that. But, he should have certainly entered appearance through a counsel or through a power of attorney holder. His father, the petitioner herein has now entered appearance before the Family Court. 3. It is now submitted that the matter stands posted to 5.5.2009. Learned counsel for the petitioner submits that the second respondent/husband is expected to be in India on 25.5.2009 and if the matter is adjourned to a date thereafter, the second respondent will be able to appear and take part in the conciliation. 4. The bonafides of the second respondent remains suspect. If actually he wants to participate in the conciliation, he should appear before the Family Court. He appears, to us, to be playing hide and seek and not W.P.(C)NO. 12118/2009 3 appearing before the Family Court. We are satisfied that no other specific direction in favour of the second respondent herein is necessary. If the second respondent is serious in his submission that he wants to participate in the proceedings, he should appear before the Family Court on or before 5.5.2009 and make appropriate request. He can appear personally or through a pleader or through a power of attorney holder after securing the requisite leave. If such an application is filed, the Family Court must certainly consider whether the second respondent deserves to be granted time to appear personally on or after 25.5.2009. Appropriate orders must be passed by the Family Court on such application, if any filed. 5. With the above observation, this Writ Petition is dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 12118/2009 4 R. BASANT & C.T. RAVIKUMAR, JJ. W.P.(C) NO. 12118/2009 JUDGMENT 8th April, 2009 W.P.(C)NO. 12118/2009 5