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 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18862 of 2009(R) -------------------------- AGAINST THE ORDER IN OP.794/08 IN OP.793/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): --------------- SANJAY RAVI, AGED 34 YEARS S/O. N.N.RAVEENDRANATH, KRISHNAGUDI, NEAR SANTHINIKETHAN SCHOOL, IRINJALAKUDA, REP. BY HIS FATHER AND POWER OF ATTORNEY HOLDER N.N.RAVEENDRANATH. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- RUBEKA, D/O. PREMRAJ, TAPASYA, ST. VINCENT COLONY, ASOKAPURAM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.18862 of 2009 ---------------------------------------- Dated this the 6th day of July 2009 J U D G M E N T BASANT,J The petitioner is the husband and he is the respondent in two O.Ps both pending before the learned Judge of the Family Court, Kozhikode. One petition is for divorce on the ground of cruelty filed by the wife whereas the other is for return of gold ornaments filed by the wife against the husband. When this petition came up for hearing on 22/6/2009, the petitioner could not appear before the court. The evidence of the wife had to be adduced but the wife was also not able to come before the court on 22/6/2009. Both the husband and wife are employed abroad, it is submitted. 2. The petitioner applied for adjournment to facilitate the appearance of the petitioner before the court below during the first week of September. The learned Judge of the Family Court has rejected that application. 3. In response to a specific query by this court, the learned counsel for the petitioner submits that the petitioner feels that his wife that is the petitioner in the two O.Ps may not also be able to appear on 10/7/2009 as she is also employed abroad. The learned counsel for the petitioner submits that if she were to appear, W.P.C No.18862/09 2 arrangement shall be made to get her and her witnesses cross- examined by the learned counsel for the petitioner. But for tendering his evidence, the petitioner may be given some further time, it is prayed. 4. We need only observe that, if such a request is made, the learned Judge of the Family Court must consider the same. We have no reason to assume that the learned Judge of the Family Court shall be oblivious to the difficulties of the petitioner, a person employed abroad, to be present before court on a specified date. If such a person makes a request for some adjustment to facilitate his personal appearance before court, such request must be considered with compassion by the court below. 5. With the above observation, this writ petition is dismissed. 6. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Judge of the Family Court if he chooses to apply for further time on 10/7/2009 for examination of himself and witness. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C No.18862/09 3 W.P.C No.18862/09 4 W.P.C No.18862/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009