IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 OP (FC).No. 791 of 2011(R) -------------------------- OP.639/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/PETITIONER ----------------------------------------- HEMACHANDRAN @ HEMAN, AGED 41 YEARS, S/O. NAGAPPAN, KOYIPPALLIL VADAKKETHIL, KARUVATTA, ALAPPUZHA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COUNTER PETITIONER --------------------------------- DHANYA, KAILASAM VEEDU, KARUVATTA, HARIPPAD-690 514. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 791 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2011 JUDGMENT Joseph, J. The petitioner has approached this Court for a direction to the Family Court, Alappuzha to dispose of O.P.(HMA) No. 639 of 2009 within one month. 2. Briefly the case of the petitioner is as follows. Petitioner is a Non Commissioned Officer (Havildar) in the Indian Army. The respondent is the wife of the petitioner. There are disputes between them. The petitioner filed O.P.(HMA) No. 639 of 2009 before the Family Court, Alappuzha seeking divorce on the ground of cruelty. The respondent appeared in the case and filed objections. The petitioner is now working at 3 Kerala Girls BN NCC. Now that transfer is due and he has got information that O.P.(FC).No. 791 of 2011 2 he will be transferred to North India within a period of few months. He will not be in a position to attend the court proceedings if he is transferred to North India. 3. We take note of Order 18 Rule 16 of the C.P.C., as per which, the court has power to examine the petitioner on an urgent basis. We direct the Family Court, Alappuzha to permit the petitioner to give evidence within a period of one month from the date of production of a copy of this judgment before it. We also direct that the Family Court will dispose of O.P.(HMA) No. 639 of 2009 at the earliest. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm