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 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 18768 of 2010(R) -------------------------- OP.124/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- MARIAMMA SUNNY,D/O. LATE G.EAPEN SUNNY, MEMADOM HOUSE, MATHILBHAGOM,THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST. NOW RES:AT NO:11,REGAT LABROOY,MERDEKA GARDENS,IPOH 30100, PERAK,,MALAYSIA.REP.P/A.REJENDRA PRASAD.K.P. PALLIPPURATH VEEDU,VENPALA, KUTTOOR (V),THIRUVALLA BY ADV. SRI.P.HARIDAS RESPONDENT: --------------- T.J.CHACKO, THOTTATHIL PUTHENVEEDU, POOVATHUR.P.O., KOIPURAM VILLAGE, THIRUVALLA TALUK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.18768 2010 ********************* Dated this the 22nd day of June, 2010 JUDGMENT BASANT, J. Against the petitioner, an application for divorce has been filed by the respondent herein. The case has had a chequered career. The petitioner has not entered appearance personally before the Family Court so far. She has entered appearance through a power of attorney holder. The matter now stands posted for trial to 28.06.2010. According to the petitioner, the court is hurriedly and without justifiable reasons posting the case for trial to 28.06.2010. The petitioner prays for time to enable her to appear and contest the proceedings. She is now residing abroad and it is impossible for her to appear before the Family Court on 28.06.2010, submits the learned counsel for the petitioner. In these circumstances, it is prayed that appropriate directions may be issued. There is a further grievance that an application for pendente lite alimony is pending before the court below and the same has not been disposed of by the learned Judge. The report of the learned Judge shows that the matter W.P(C) No.18768 2010 2 stood posted finally for trial to 29.05.2010. The same has then been adjourned to 17.06.2010 and then to 28.06.2010. 2. There can be no doubt that the petitioner has the obligation to get ready for trial on 28.06.2010. We are not persuaded to agree that any further directions need be issued by this Court. However, we make it clear that it shall be open to the petitioner to make a specific application before the court below specifying the date on which the petitioner, who is said to be abroad, shall be able to appear before the court below to participate in the trial and seek adjournment till that date. The court below shall consider such application on its merit and pass appropriate orders. Before us, the learned counsel for the petitioner submits that the petitioner shall be able to appear before the court on any date after 20.07.2010. That submission can also be made specifically before the Family Court. The Family Court shall take note of that submission also and pass appropriate orders. 3. Needless to say, the petition for pendente lite alimony shall also be disposed of expeditiously though the pendency of that application by itself cannot operate as a reason for further protraction of the matter. W.P(C) No.18768 2010 3 4. With the above observations, this Writ Petition is dismissed. 5. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/