IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 OP (FC).No. 1828 of 2011(R) -------------------------------------- OPHMA.1152/2010 of FAMILY COURT, MALAPPURAM .................... PETITIONER (S): /RESPONDENT: --------------------------------------------- MANOJ, S/O.MADHAVAN NAIR, KOTTARAPPATT, KALADI P.O., EDAPPAI, MALAPPURAM DISTRICT, PIN-679582. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): PETITIONER: -------------------------------------------- MANJULA, D/O.MALLIKA, MUNJATH HOUSE, MUTHOOR P.O., KOTTEERI, MALAPPURAM DISTRICT, PIN-679583. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPFC 1828 OF 2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PETITION IN OP (HMA) 1152/2010 ON THE FILES OF FAMILY COURT, MALAPPURAM. EXT.P2.TRUE COPY OF THE PETITION IN OP 690/2009 ON THE FILES OF FAMILY COURT, MALAPPURAM. EXT.P3.TRUE COPY OF THE COUNTER AFFIDAVIT OF THE RESPONDENT IN OP 690/2009 ON THE FILES OF THE FAMILY COURT, MALAPPURAM. EXT.P4. TRUE COPY OF THE ORDER OF THE FAMILY COURT, MALAPPURAM DATED 12.4.2010 IN OP 690/2009. EXT.P5.TRUE COPY OF THE ORDER OF THE FAMILY COURT, MALAPPURAM DATED 3.9.2010 IN IA 1890/2010 IN OP 468/2010. EXT.P6.TRUE COPY OF THE ORDER OF THE FAMILY COURT, MALAPPURAM DATED 20.10.2010 IN IA 2479/2010 IN OP 468/2010. EXT.P7.TRUE COPY OF THE ORDER OF THE FAMILY COURT, MALAPPURAM DATED 21.10.2010 IN OP 468/2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1828 of 2011-R ---------------------------------------------- Dated, this the 15th day of June, 2011 J U D G M E N T K.M.Joseph, J. The prayer in the Original Petition is to call for the records in OP No.1152/2010 and direct the Family Court, Malappuram to keep the proceedings in abeyance till the petitioner is fully recovered from his illness. 2. Briefly put, the case of the petitioner is as follows: Petitioner is the respondent in OP 1152/2010 filed by the respondent herein seeking dissolution of marriage. The case of the respondent is that petitioner is an epilepsy patient and suppressing the same the marriage was solemnized. Petitioner filed counter. Petitioner filed OP No. 690/2009 for restitution of conjugal rights. During the course of evidence petitioner was not in a position to mount the box and give evidence. The Family Court dismissed the OP giving liberty to file fresh petition. Thereafter, the petitioner filed another petition as O.P.468/2010 for restitution of conjugal rights. Due to mental tension in appearing in Court, the disease of the petitioner aggravated. Hence petitioner filed IA seeking to issue a commission to examine him out of Court and that IA was dismissed by the Family Court. The Court also dismissed the OP with liberty to file fresh OP after complete recovery of the disease. It is further stated that knowing fully well that presently the OPFC 1828/2011 -2- petitioner is not in a position to face trial before any Court, with the intention to capitalize the adverse situation of the petitioner and obtain a decree for dissolution of marriage the respondent has filed OP No.1152/2011. Petitioner is not in a position to appear in any Court, to defend any proceedings and to adduce evidence. Hence, the OP with the prayer as aforesaid. 3. We heard the learned counsel for the petitioner. We do not see any reason why we should permit the petitioner to come at this stage with the prayer as aforesaid. We would think that it is for the petitioner to make appropriate application in OP No.1152/2010 and plead his case before the Family Court and it is only if an adverse order is passed against him we need be persuaded to look into the matter under Article 227 if at all any case is made out. The Original Petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS