IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 33327 of 2009(R) O.P. NO. 124 OF 2009 OF THE FAMILY COURT, THIRUVALLA. PETITIONER: --------------- MARIAMMA SUNNY, AGED 49, D/O. LATE G.EAPEN SUNNY,MEMADOM(H),MATHILBHAGOM THIRUVALLA VILLAGE & TALUK,PATHANAMTHITTA,NOW RESIDING AT NO.11,REGAR LABROOY,MERDEKA GARDENS,IPOH 30100, PERAK, MALAYSIA,REP.BY P/A HOLDER RAJENDRA PRASAD.K,35,PALLIPURATH(H),KUTTOOR, THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENT: --------------- T.J. CHACKO, THOTTATHIL PUTHENVEEDU, POOVATHUR.P.O, KAIPURAM VILLAGE, THIRUVALLA TALUK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY FO THE JUDGMENT DATED 4-11-2009 IN W.P.(C) NO. 31368/2009 OF THIS COURT. EXT.P2: TRUE COPY OF THE APPLIATION DATED 17-11-2009 IN I.A. 3350/2009 IN O.P. NO. 124/2009 BEFORE THE FMAILY COURT, THIRUVALLA. KS. TRUE COPY P.S. TO JUDGE R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 33327 OF 2009 ============================ DATED THIS THE 1ST DAY OF DECEMBER 2009 JUDGMENT Basant,J. The petitioner has come to this Court complaining that she has been set ex parte without giving her an opportunity to appear through counsel and make her representation. Report of the learned Judge of the Family Court was called for. The report dated 24-11-2009 has been received. We have perused the report of the learned Judge. The report shows that counsel has not filed vakalath and has not sought leave under Section 13 of the Family Courts Act to enter appearance. However, the learned Judge has not set the petitioner ex parte so far and the matter stands adjourned to 14-12-2009. The learned Judge has made it clear that on that day the petitioner herein can appear in person or through counsel duly holding vakalath and with leave as required under Section 13 of the Family Courts Act. In WPC.33327/2009 -2- these circumstances, we find absolutely no reason to issue any further directions in this writ petition. 2. This writ petition is accordingly dismissed accepting the report of the Family court. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.