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 6TH JANUARY 2010 / 16TH POUSHA 1931 RP.No. 11 of 2010(R) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37573/2009 Dated 23/12/2009 .................... REVIEW PETITIONER : PETITIONER ---------------------- K.RAJESWARY AMMA, W/O. LATE C.K.G.PILLAI, AGED 61 YEARS, RAJEEVAM, MAVARA ROAD, KURAMPALA, PANTHALOM.P.O, PATHANAMTHITTA. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: RESPONDENT --------------- RASNA RAMAKRISHNAN, AGED ABOUT 30 YEARS, D/O.K.V.RAMAKRISHNAN, FLAT NO.B 3.5 BII, PENTA QUEEN APARTMENTS, PADIVATTOM, EDAPPALLY.P.O, KOCHI - 24. ADVOCATE SMT.LEKHA SURESH FOR R THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- R.P. No. 11 of 2010 in W.P.(c) No.37573 of 2009 ------------------------------------------------- Dated this the 6th day of January, 2010 ORDER Basant,J. This review petition is filed to modify the directions issued by this Court in the judgment in W.P.(c) No.37573/09 dated 23/12/09. Peremptory directions for disposal of three O.Ps. between the parties were issued by the said judgment. In the said judgment, there was a direction that all witnesses must be produced by the husband before the court below today. The learned counsel for the petitioner submits that 8 witnesses have been shown in the list. C.Ws.1 is appearing before the court below today for examination. C.W.4 shall appear before the court below tomorrow for examination. C.Ws.2 and 3, who are the parents of the wife, are present R.P. No. 11 of 2010 -: 2 :- before court today, submits the learned counsel for the wife. For examination of C.Ws.5 to 8, some further time is required as they have to be summoned by the court. It is, in these circumstances, prayed that the direction that the husband shall produce all the witnesses before court today may be modified and the husband may be permitted to pray to the court below for issue of summons by special messenger in respect of C.Ws.5 to 8. 2. The learned counsel for the wife submits that till now chief affidavits of C.Ws.1 and 4 have not been furnished. The learned counsel for the petitioner submits that the same shall be furnished today. No explanation is offered as to why the chief affidavits of C.Ws.1 and 4 have not been furnished. The chief affidavits shall be furnished in the course of the day. If a further amount of Rs.1,000/- is paid as costs, the chief affidavits shall be received in the course of the day and opportunity shall be given to the respondent/wife to cross- examine the said C.Ws.1 and 4. 3. We repeat the direction that the court below must dispose of the case within a period of three weeks from today. We further take note that this indulgence is shown to the husband on the undertaking by the petitioner that he shall co- operate with the court below and help to dispose of the case within three weeks and that the husband shall not challenge any R.P. No. 11 of 2010 -: 3 :- interim order during the pendency of the O.Ps. 4. This review petition is allowed in part to the above extent. 5. Hand over a copy of this order to the learned counsel for respondent/wife. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge