IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 25651 of 2008(S) -------------------------- OP.336/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER: ------------ RAVEENDRAN,S/O PADMANABHA PANICKER, PARAYAKKAVU HOUSE,EDAKADATHI P.O., ERUMELI, KANJIRAPPALLY TALUK, KOTTAYAM. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- 1. SREEDEVI M.S., D/O SASIDHARAN, MUTHIYATTU HOUSE, THIRUVANCHIYOOR, KOTTAYAM. 2. BIJU P.R., S/O RAVEENDRAN, PARAYAKKAVU HOUSE, EDAKADATHI ERUMELI, KANJIRAPPALLY, TALUK, KOTTAYAM. 3. SAVITHRI, W/O RAVEENDRAN, PARAYAKKAVU HOUSE, EDAKADATHI ERUMELI, KANJIRAPPALLY TALUK, KOTTAYAM. BY ADV. SRI.TITUS MANI FOR R1 SRI.S.SURAJ (PALATHANATHU) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25651/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF JUDGMENT OF THIS COURT IN WP(C).NO.7548/2008. EXT.P2 TRUE COPY OF SANCTION PETITION I.A.2248/08. EXT.P3 TRUE COPY OF I.A.NO.2249/08. EXT.P4 TRUE COPY OF WITNESS SCHEDULE. EXT.P5 TRUE COPY OF I.A.2270/08. EXT.P6 TRUE COPY OF I.A.2292/08. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.25651 OF 2008 -------------------------------- Dated this the 16th day of September, 2008 JUDGMENT Raman,J. Petitioner is the 2nd respondent in O.P.No.336/07 on the file of the Family Court, Kottayam. The said O.P. was filed by the daughter-in-law of the petitioner against the petitioner and others for recovery of gold ornaments and other valuable items. Yet another O.P.No.317/07 was also filed by the wife seeking divorce under Section 13(1)(i-a) of the Hind Marriage Act alleging cruelty. The evidence on the side of the petitioner in the O.P. is over. Earlier writ petitions were filed before this Court. Ext.P1 is the copy of the judgment in W.P.(C).No.7548/2008 whereby this Court directed to give an opportunity to the petitioner herein to cross- examine Pws.1 and 2. Cross-examine of PW-2 was however directed to be done by video conferencing or by serving interrogatories. He has no grievance as against the same. However, he complains that sufficient opportunity was not given to -2- WP(C).No.25651/2008 him to adduce evidence in the matter. He is now working abroad. He had filed the witness list and sought for five days' time to produce those witnesses for examination. However, the request was rejected and it is at that stage that this writ petition is filed seeking stay of passing final orders by the Family Court. 2. We have heard both sides. 3. Being a matrimonial dispute and in the nature of the contention raised and in the light of the submissions made, both sides agree that if a date is fixed by this Court and direct the petitioner to appear along with his witnesses, the examination can be conducted on the same day. In the facts and circumstances, we feel that an opportunity can be given to the husband to give evidence and also for examination of the witnesses. The learned counsel was asked to ascertain the date on which he could appear before the court below and it is submitted that he will be coming on 10/10/2008 and can appear before the court on 13/10/2008. Accordingly, we direct that the petitioner's son, who is the husband of the lst respondent herein, along with his witnesses proposed to be examined, shall appear before the Family Court, Kottayam on -3- WP(C).No.25651/2008 13/10/2008 on which day the Family Court shall complete the examination of those witnesses including the husband and if for any reason it is found inconvenient to examine the witnesses as directed above, it may fix another date; however it shall be done within a period of one week from 13/10/2008 so that it may cause inconvenience to the parties. Since the petitioner's son is coming from abroad on a short leave, a longer adjournment may not be feasible. In view of the earlier direction that the original petition shall be disposed of within six months and in view of the present order we passed, the time for disposal of the original petition is extended by two moths. Petitioner shall produce a copy of this judgment before the Family Court, Kottayam. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.