IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 OP (FC).No. 2122 of 2011(R) ------------------------------------- AGAINST THE ORDER DATED 27/05/2011 IN IA.3053/2010 IN OP.310/2007 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: ------------------ RAJEESH.G.S, S/O.G. SURESH, SURAJ NIVAS, MAYYANAD.P.O, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENT: --------------------- SUI MOL.K, SUYE SADANAM, VILAKKUPARA.P.O, ANCHAL, PATHANAPURAM TALUK, KOLLAM DISTRICT - 691312. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OPFC 2122/2011 EXT. P1 TRUE COPY OF THE PLAINT IN OP 310/07 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOTTARAKKARA EXT. P2 TRUE COPY OF THE WRITTEN STATEMENT DT. 5.7.08 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOTTARAKKARA EXT. P3 TRUE COPY OF APPLICATION IA 3053/10 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA EXT. P4 TRUE COPY OF THE OBJECTION TO EXT. P3 APPLICATION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA EXT. P5 TRUE COPY OF THE ORDER DT. 27.5.2011 IN IA 3053/10 IN OP 310/07 OF THE FAMILY COURT, KOTTARAKKARA /TRUE COPY/ Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------- O.P.(FC)No.2122 of 2011 R ------------------------------------------------- Dated this the 8th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. In spite of the mediation failed report, we interacted with the respondent. She candidly says that she does not want to go with the petitioner. 2. We heard learned counsel on both parties. Learned counsel for the respondent submits that in the event of Exhibit P5 being set aside if the proceedings before the court below could be expedited and finally disposed of. 3. Taking into consideration the aforesaid submissions and having regard to the merits of the rival contentions, we are of the view that to pave way for the final disposal of the matter pending before the Family Court, Exhibit P5 need not stand in the way. We say this not because it is wrong but to give an end to the matter. 4. In the aforesaid view of the matter, Exhibit P5 is set aside. The parties are directed to appear before the court below OPFC 2122/2011 2 on 15.11.2011. We clarify that we have not expressed anything on the merits or on the views in the impugned order that the evidence sought to be adduced is not relevant to the facts of the case. That issue may be considered at the time of final disposal of the case. Ordered accordingly. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv