IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 OP (FC).No. 678 of 2010(R) -------------------------- OP.1064/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER ---------------------- MRUTHALA MATHEW, AGED 27 YEARS, D/O.O.C.MATHEW, KANNOTHARA, ORAPPANAMKUZHIYIL HOUSE, MUTTAMBALAM PO, KOTTAYAM,REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SAJI MATHEW, AGED 45 YEARS, W/O. O.C.MATHEW. BY ADV. SRI.V.P.MOHAMMED NIYAZ RESPONDENT: --------------- LINISH P MATHEW, LOVA LAND PEEDIKAYIL HOUSE, KARAMZHMA KARA, VALIYAKULANGARA PO MAVELIKKARA, ALLEPPEY DISTRICT 690 104. SRI.RINNY STEPHEN CHAMAPARAMPIL,B/O THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.678 of 2010 ***************************** Dated this the 15th day of November, 2010 JUDGMENT BASANT, J. The respondent has come to this Court and by Ext.P3 judgment dated 29.09.2010 further opportunity was indulgently granted to the respondent herein to get the potency test conducted after he returns to India on leave in December, 2010. An amount of Rs.15,000/- was ordered to be paid as cost to the petitioner herein and we are informed that the cost amount has already been deposited. By separate orders, we have clarified that the said amount must forthwith be released to the petitioner herein. 2. The petitioner was not heard when Ext.P3 judgment was passed. The learned counsel for the petitioner submits that the petitioner has come to this Court only to air an apprehension that Ext.P3 judgment may be taken advantage of by the respondent herein to indefinitely postpone the proceedings. Further protraction may be zealously avoided. Appropriate direction to that effect may be ordered, submits the learned counsel for the petitioner herein, ie. the wife. O.P(F.C) No.678 of 2010 2 3. Notice was given to the respondent/husband. The counsel who was appearing for him earlier in O.P(F.C) No.106 of 2010 has entered appearance. The learned counsel Sri.Rinny Stephen Chamaparambil submits that the respondent has no objection against an expeditious disposal and time bound directions being issued for such expeditious disposal. The respondent shall come to India on leave only on the 20th of December, 2010 and reasonable and sufficient time may be granted to complete the proceedings. The direction to be issued by this Court may not be made use of to deny reasonable opportunity to the respondent herein. That is the short submission of the learned counsel for the respondent. 4. We have heard both counsel. We are satisfied that time bound direction for expeditious disposal of O.P.No.1064 of 2008 can be issued. 5. We do, in these circumstances, direct that the court below shall post the case to 22.12.2010. All necessary steps must be taken by the respondent herein to proceed with the case before that date. The court below shall permit the respondent to be examined by the Medical Board on a date immediately after 22.12.2010. The court below shall secure the report of the O.P(F.C) No.678 of 2010 3 Medical Board as expeditiously as possible. The court below shall complete the trial in the matter and ensure that the O.P is disposed of as expeditiously as possible, in accordance with law - at any rate, prior to 15.02.2011. Considering the sequence of events in this case, we direct that the court below must post the case day-to-day and complete the trial as expeditiously as possible after 22.12.2010. 6. This Writ Petition is, in these circumstances, allowed with the above observations. 7. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the court below immediately. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/