IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 651 of 2008(C) ------------------------ AGAINST THE ORDER DATED / / IN CMP.4132/07 IN MC.13/2007 of J.M.F.C.,MALAPPURAM .................... PETITIONER: -------------------- ABDUL SALEEM, S/O. KOYAKKUTTY @ BICHAVA, CHALIYAMPADATH HOUSE, REP. BY POWER OF ATTORNEY HOLDER MUNDODAN MUHAMMED BASHEER, AGED 38, S/O. ABDU, PARAMBAT HOUSE, SOUTH PUTHALAM, KAVANOOR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.LOWSY.A. RESPONDENTS: ----------------------------- 1. SHEJINA K.P., D/O. KAMMU, KULATHIL PAYYANAPPATA HOUSE, AZHINJILAM P.O., MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No.651 Of 2008 = = = = = = = = = = = = = = Dated this the 7th day of January, 2008 JUDGMENT Petitioner, who is the counter petitioner in M.C.No.13/2003 on the files of J.F.C.M, Malappuram, which is a proceeding under section 3 of the Muslim Women(Protection of Rights on Divorce) Act, 1986, challenges Ext.P3 order dated 13.12.07 passed by the J.F.C.M, Malappuram refusing to adjourn the said case for the cross examination of the petitioner. 2. The petitioner is admittedly employed in Gulf and he had not informed the Family Court before leaving India. His chief examination itself was conducted after several adjournments. Thereafter he did not make himself available for cross examination and the case had to be adjourned to several dates. He thereafter filed the present application stating that he proposes to reach India on 20.02.08 and sought an adjournment of the case to that date, which was dismissed by Ext.P3 order. 3. Even though I do not find any illegality in the order dismissing the petition, having regard to the fact that the petitioner is employed in Gulf and no useful purpose will be served by taking the M.C. for orders, with the unchallenged evidence of the petitioner, I W.P.C.No.651 of 2008 2 am inclined to give him an opportunity to make himself available for cross-examination on 21.02.08, but on condition that the petitioner will be entitled to the above benefit only if he deposits before the court a sum of Rs.10,000/-(Rupees ten thousand only) on or before 18.2.08. If the petitioner does not deposit the said amount before the learned Magistrate as indicated above, the impugned Ext.P3 will stand confirmed. Otherwise the petitioner will be given an opportunity to offer himself for cross examination as aforesaid. The disbursement of the amount to be deposited by the petitioner will be subject to further orders of the court below. In view of the above order notice to the 1st respondent/ applicant is dispensed with. This writ petition is disposed of as above. (V.RAMKUMAR, JUDGE) sj