IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 36549 of 2007(S) -------------------------- OP.812/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------ RAJASREE.L, AGED 45 YEARS, W/O D. SANTOSH KUMAR, HOUSE NO.429, ISHWARA VILASAM ROAD, THIRUVANANTHAPURAM-14. BY ADV. SRI.BEPIN VIJAYAN RESPONDENTS: ------------- 1. SALEENA.S, AGED 48 YEARS, D/O ASMA BEEVI, T.C.XIII/1606(3), BURMA ROAD, PATTOM VILLAGE, THIRUVANANTHAPURAM TALUK AND DISTRICT. 2. A.MOHAMMED HANEEFA, AGED 53 YEARS, S/O ABUBACKER, 'MAJEENA MANZIL', KUMMANNUR AIRAVAN VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.R.RENJITH SMT.MAJIDA.S SRI.AJIKHAN.M SRI.K.RAJESH KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.36549/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF O.P.NO.812/05 FILED BY THE 1ST RESPONDENT BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P2. TRUE COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT IN O.P.NO.812/05 DATED 11-2-2006 EXT.P3. TRUE COPY OF THE ARREST WARRANT DATED 17-11-2007 ISSUED BY THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.36549 of 2007 ----------------------------------------- Dated this the 17th day of January, 2008 JUDGMENT Kurian Joseph,J. This writ petition is filed with the following prayer:- (i) to call for the records of the case O.P.No.812/05 pending on the files of Family Court, Thiruvananthapuram, to examine the same and quash Ext.P3 warrant of arrest as well as any re-issued follow up warrants of arrest issued by the Hon'ble Family Court, Thiruvananthapuram and further direct the Hon'ble Family Court, Thiruvananthapuram to remove the petitioner from witnesses cited by the 2nd respondent in O.P.No.812/05. It is seen that the warrant happened to be issued since the petitioner allegedly failed to appear before the Family Court and tender evidence in the original petition. According to the petitioner she had not received any summons. Still further she has a contention that she is in no way connected with the disputes between respondents 1 and 2. Pursuant to direction issued by this court the parties are present before this court. In the nature of the order we propose to pass in this case we do not think it necessary to refer to the factual background in this W.P(C) NO.36549/2007 -:2:- case. We make it clear that it will be open to the Family Court, at the request of the second respondent, to appoint an Advocate Commissioner to examine the petitioner, in which event the Family Court shall make it clear that the petitioner shall be examined at her residence by the Advocate Commissioner. This order is passed as agreed to between the parties. In view of the order as above, Ext.P3 warrant and the summons alleged to have issued to the petitioner are quashed. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.36549 of 2007 ---------------------------- JUDGMENT 17th January, 2008