IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19850 of 2009(R) -------------------------- OP.690/2004 of FAMILY COURT,THRISSUR .................... PETITIONER(S): --------------- JANCY RITAMMA GEORGE @ JANCY AVARAN, D/O.THOMAS P.GEORGE,PANACKAPARAMBIL HOUSE,PACHA, CHEKKIDIKAD P.O., EDATHUA,ALLEPPEY., NOW RESIDING ST.JOHANNSRING-143,4056 BASEL,SWITZERLAND, REP.BY POWER OF ATTORNEY THOMAS P.GEORGE,PANACKAPARAMBIL HOUSE,PACHA, CHEKKIDIKAD P.O., EDATHUA, ALLEPPEY. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE SMT.P.S.BOBY RESPONDENT(S): --------------- JAMES.K.AVARAN, S/O.KUNJUVAREED, V/67, CHIRAMEL HOUSE, SOUTH BAZAAR, IRINJALAKUDA-680 121, NOW RESIDING AT POSTFACH, 4013 BASEL, SWITZERLAND. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.19850 of 2009 ---------------------------------------- Dated this the 15th day of July 2009 J U D G M E N T BASANT,J The petitioner has come to this court with this writ petition under Article 227 of the Constitution of India with an interesting prayer. She has disputes with the respondent, her former husband. A decree for divorce has already been obtained by her from the Family Court and the said decree for divorce has been upheld by this court under Ext.P2 judgment. No matter between the parties is pending before this court now. Still the petitioner has come to this court. What does she want this court to do? The short prayer is that a mediation/settlement may be attempted by this court in two matters pending before the subordinate courts. The first is a petition pending before the Family Court, Thrissur filed by the petitioner claiming amounts from the respondent. The other is a prosecution under Section 138 of the Negotiable Instruments Act initiated against her by the respondent herein. These cases are pending before two different courts. It is prayed that directions may be issued to attempt a mediation/settlement before this court. The petitioner is willing to settle the disputes on W.P.C No.19850/09 2 any reasonable terms to purchase peace so that she can peacefully continue her employment abroad, submits counsel. 2. We are not persuaded to agree that it would be expedient, necessary or possible to grant a prayer like the instant one except, of course, when extraordinary features are available. The powers under Article 226 and 227 of the Constitution of India are sweeping and it is not lack a jurisdiction essentially that persuades us to come to the conclusion that we do. But there must be orders and methods in proceedings. The petitioner can certainly request the Family Court to refer the matter for counselling again if necessary. When the matter comes up before the counsellor, certainly the petitioner can make a request for a comprehensive settlement of all outstanding disputes including the dispute regarding the cheque. In the alternative, the petitioner can request the learned Magistrate to refer the dispute to the Lok Adalath under the provisions of the Kerala Legal Services Authorities Act. The offence under Section 138 of the Negotiable Instruments Act is a compoundable offence and the learned Magistrate can certainly, if he sees reasons to do so, direct the parties to the Lok Adalath. At the Lok Adalath also, the petitioner can request the W.P.C No.19850/09 3 Lok Adalath to attempt a comprehensive settlement of all outstanding disputes. 3. The petitioner has a submission that the prosecution under Section 138 of the Negotiable Instruments Act is about to commence. She has already filed an application for exemption, it is submitted. No orders have been passed on such application, she points out. It is for her to insist that appropriate orders must be passed on such application and if the request is not heeded to, the avenues of grievance redressal are open to her. It is not necessary for us to express any opinion on this aspect. 4. In the result, we dismiss this petition but with the specific observation that the petitioners can avail of the opportunities/fora referred above to arrive at a comprehensive settlement of the outstanding disputes between her and the respondent. 5. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C No.19850/09 4 W.P.C No.19850/09 5 W.P.C No.19850/09 6 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009