IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 22629 of 2010(R) -------------------------- AGAINST THE ORDER IN OP 386/10 & OP.127/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- RESHMI DEVASSIA, D/O.DEVASSIA, AGED 34 YEARS, KARIYANIMATTOM HOUSE, DOOR NO.4/225,(OLD NO.4/341E),THALAYOLAPARAMBU GRAMA PANCHAYATH, MIDAYIKKUNNAM, KOTTAYAM DIST.,REP.BY HER P/AT HOL- DER K.C.DEVASSIA,S/O.LATE CHACKO,AGED 62 YEARS, CHERUKATTUPARAMBIL (H),VADAYAR VILLAGE,VAIKOM TALU BY ADV. SRI.BIJU M.JOHN SRI.V.G.VISAL KUMAR RESPONDENT(S): --------------- 1. GEORGE VARGHESE, S/O.VARGHESE, AGED 39 YEARS, KARIYANIMATTOM HOUSE, MARANGOLI P.O., NJEEZHOOR PANCHAYATH, KOTTAYAM DISTRICT.686 612 2. VARGHESE, S/O.K.V.VARKEY, AGED 75 YEARS, KARIYANIMATTOM HOUSE, MARANGOLI P.O., NJEEZHOOR PANCHAYATH, KOTTAYAM DISTRICT.686 612 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & M.L.JOSEPH FRANCIS, JJ. ------------------------ W.P.(C).No. 22629 OF 2010 ------------------------ Dated this the 30th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. This writ petition is filed by the petitioner, who is the petitioner in O.P.Nos.127 and 386/2010 on the files of the Family Court, Kottayam, seeking several reliefs including the following first relief. “i). Issue a Writ of mandamus or any other appropriate Writ, order or any other direction to the Hon'ble Family Court, Kottayam to grant time till 20th day of September 2010 for the personal appearance of the petitioner to give evidence as witness in box in Exhibits P3 & P4 petitions.” 2. Considering the averments in the writ petition and the submissions addressed by the learned counsel for the writ petitioner, this Court on 20/7/2010 called for remarks from the WPC.No.22629/2010 2 learned Judge of the Family Court as to whether there is any impediment in posting O.P. Nos.127 & 386 of 2010 to a date immediately after 10/9/2010 to facilitate appearance of the petitioner before that Court. The learned Judge of the Family Court has forwarded to this Court his report dated 26/7/2010, which he concludes by saying that there is no impediment in posting O.P.Nos.127/2010 and 386/2010 after 10/9/2010 for evidence. 3. Sri.Biju.M.John, learned counsel for the writ petitioner, submits that his client, the petitioner, will be in a position to come to Kerala on any day after 10/9/2010 and he suggested that the learned Judge of the Family Court be directed to post the two O.Ps(O.P.Nos.127 & 386/2010) on 15/9/2010. 4. Having regard to the above submissions and having regard to the order already passed by this Court on 20th July 2010, we dispose of the writ petition directing the Judge of the Family Court to post O.P. Nos. 127 and 386/2010 to 13th or 14th September 2010 and facilitate examination of the petitioner on that date in the Court. It is made clear that we have not examined the merits of WPC.No.22629/2010 3 the other grounds raised in the writ petition. PIUS C.KURIAKOSE,JUDGE M.L.JOSEPH FRANCIS, JUDGE dpk