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 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19252 of 2010(R) -------------------------- O.P.NO.575/09, O.P.574/09 AND MC.179/2009 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): ---------------------- KRISHNENDU K.I., AGED 32 YEARS, S/O. KRISHNAN POTTI, SREEKRISHNAVILASOM PUTHENMADOM, T.C.8/1415, THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.SABU RESPONDENT(S): ------------------------ MANJU S. NAIR, D/O. MOHANA S. NAIR, AGED 32 YEARS, ARRAYILKULATHU VEEDU, IRANJAL, MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(C) No. 19252 of 2010-R ------------------------------------------------- Dated this the 21st day of June, 2010 JUDGMENT Basant,J. The parties are spouses. The petitioner is the husband and his wife/the respondent has filed three petitions against the petitioner - two O.Ps. for divorce and return of ornaments/ money and a third claim for maintenance under Sec.125 Cr.P.C. The matter stood posted for trial to 24/9/09. On that date, P.W.1 - the mother of the wife was examined. She was not effectively cross-examined - whatever be the reasons. The petitioner filed an application to recall P.W.1 and permit him to cross-examine P.W.1. That prayer stands rejected. The petitioner did not adduce any evidence. Opportunity was sought; but that was rejected. According to the petitioner, he wants to examine three witnesses i.e., the petitioner himself, his father and one independent witness. The learned counsel for the petitioner W.P.(C) No. 19252 of 2010-R -: 2 :- submits that the matter now stands posted to 24/06/2010 for judgment and the petitioner is willing to cross-examine P.W.1 and to examine the petitioner, his father and the independent witness on that very date. He will bring all the three witnesses on his side to the court on 24/06/2010. He is willing to abide by any terms for that opportunity to cross-examine P.W.1 and to examine his three witnesses. It is prayed that opportunity may be granted to him to so cross-examine P.W.1 and to examine the three witnesses on his side. Subject to any appropriate conditions such an opportunity may be granted, it is prayed. 2. We have heard the learned counsel for the petitioner in detail. All the proceedings appear to have been initiated in 2009. It is evident that there was default on the side of the petitioner. P.W.1 was cross-examined in part, it is admitted. No witness list was given to convey to the court the details of the witnesses to be examined. 3. Be that as it may, we are satisfied that, in the facts and circumstances of this case, subject to appropriate conditions which shall adequately compensate the respondent, such opportunity can be granted. 4. In the nature of the order which we propose to pass, we are satisfied that it is not necessary to wait for issue and return W.P.(C) No. 19252 of 2010-R -: 3 :- of notice to the respondent. 5. In the result: (a) This writ petition is allowed. (b) On 24/06/2010 or any subsequent date to which the case is posted by the Family court, the petitioner shall get ready to cross-examine P.W.1 and to examine all the three witnesses on his side. He shall not pray for further time to so cross-examine P.W.1 or to examine the said three witnesses who are to be examined on his side. As the price for the luxury of such further opportunity, the petitioner shall on 24/06/2010 pay to the respondent/wife or deposit before court (if the same is not accepted by the counsel) an amount of Rs.2,000/- (Rupees Two thousand only) as costs. If such cost is paid, the Family court shall not pronounce orders on 24/06/2010 and shall proceed to pass orders in accordance with law only after P.W.1 is permitted to be cross-examined and after the said three witnesses are examined on the side of the petitioner. 6. The Family court shall submit a report of compliance to this court. 7. Hand over a copy of this judgment straightaway to the W.P.(C) No. 19252 of 2010-R -: 4 :- learned counsel for the petitioner. He shall furnish a copy of the same to the learned counsel for the respondent appearing before the court below on 24/06/2010. The Registry shall forthwith communicate this judgment to the court below by Fax/over telephone. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 19252 of 2010-R -: 5 :-