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 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 26219 of 2009(R) -------------------------- OP.294/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER : --------------- UNNIKRISHNAN NAIR, S/O.CHANDUKUTTY NAIR, AGED 67 YEARS, SANTHOSH BHAVAN, MULAKKULAM, PIRAVAM , ERNAKULAM. BY ADV. SRI.GIGIMON ISSAC SRI.A.K.JAYAPRAKASH SRI.BABY THOMAS RESPONDENT: --------------- SALAJA, D/O.GOVINDANKUTTY, KARTHIKA HOUSE, PRESENTLY AT C.P.W.D QUARTERS, BASANTH NAGAR, CHENNAI-90. ADV. SRI.C.DILIP FOR R SMT.S.SREEJA FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.26219 of 2009 ------------------------------------- Dated this the 26th day of October, 2009 JUDGMENT BASANT, J. The petitioner herein is the father of the respondent in O.P.No.294 of 2009 before the Family Court, Ernakulam. That petition was filed only in 2009, evidently as its number indicates. The prayer is for dissolution of marriage. The respondent in the O.P - ie. the husband, is a seaman and at the moment he is not in the shore and he is in his vessel in the waters. He is likely to be back only in February, 2010 and, in these circumstances, the petitioner/father has come rushing to this Court with a grievance that the Family Court is about to proceed with the matter. His son will be denied an opportunity to participate in the proceedings if the matter is disposed of before February, 2010, when alone he, as a seaman, can reach his native place and take part in the proceedings. 2. Notice was issued to the respondent. The respondent has entered appearance. After discussions at the Bar, the learned counsel for the respondent accepts that time can be W.P(C) No.26219 of 2009 2 given till February, 2010 for the proceedings to go forward. That request and acceptance of the same do appear to us to be absolutely reasonable. Appropriate directions can be issued. Notwithstanding the question of locus raised by the counsel for the respondent, we are satisfied that the respondent in the O.P can be given time till February, 2010 to appear before the court below and to take part in the proceedings. 3. This Writ petition is accordingly allowed in part. The learned Judge of the Family Court is directed to post this case to the last working day in February, 2010 and proceed thereafter with the case. The learned Judge shall ensure that the case is disposed of as expeditiously thereafter after the said date of posting - at any rate, within a period of 3 months from that date. Both parties shall co-operate to ensure that this direction is carried out. 4. Compliance shall be reported to this Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-