IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 5369 of 2008(S) ------------------------- ORDER IN I.A. NOS.1081 OF 2007 & 16 OF 2008 OP.17/2007 of FAMILY COURT, KASARAGOD .................... PETITIONER: ------------ M.ANIL KUMAR, S/O.K.M.KUNHIKANNAN, AMBALATHARA, BELOOR VILLAGE, HOSDURG TALUK, KASARAGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS: ------------- RESHMA, D/O.JAYASING BHATTI, TEACHER BY PROFESSION, KATTUKULANGARA, AJANUR VILLAGE, KASARGODE DISTRICT. BY // THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of O.P. No.17/2007 filed by petitioner before the Family Court, Kasargode. Ext.P2: True copy of counter statement filed by respondent in O.P.No.17/2007 before the Family Court, Kasaragod. Ext.P3: True copy of IA No.1081/2007 dated 28.12.2007 filed by petitioner in O.P. No. 17/2007 before the Family Court, Kasaragod. Ext.P4: True copy of order dated 28.12.2007 of Family Court, Kasaragod in I.A. No.1081/2007 in O.P. No.17/2007. Ext.P5: True copy of I.A. No.16/2008 dated 05.01.2008 in O.P.No. No.17/2007 filed by petitioner before the Family Court, Kasaragode. Ext.P6: True copy of order dated 5.1.2008 of Family Court, in I.A. No.16/2008 in O.P. No.17/2007. RESPONDENT'S EXHIBITS: NIL. KURIAN JOSEPH & HARUN-UL-RASHID, J. ---------------------------------------------------------------- W.P.(C)NO. 5369 OF 2008 ---------------------------------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT Harun-Ul-Rashid J. This Writ Petition is filed by the petitioner who is the applicant in I.A. Nos.1081 of 2007 and 16 of 2008 in O.P. No.17 of 2007 on the file of the Family Court, Kasaragod. The writ petitioner is the petitioner before the Family Court in a proceeding for dissolution of marriage with the respondent. The petitioner was examined as PW.1 on 1.12.2007. The petitioner filed Ext.P3 application seeking permission to examine three witnesses. Ext.P4 is the order passed by the Family Court dismissing the said application. On the day when the case was posted for the evidence of the respondent, the petitioner filed Ext.P5 application for re-opening the evidence. In view of the dismissal of I.A. No.1081 of 2007, the Family Court dismissed Ext.P5 application as per Ext.P6 order. 2. Learned counsel appearing for the petitioner submitted that the Family Court failed to consider Exts.P3 and P5 applications and, therefore, he was prevented from adducing evidence. According to him, the W.P.(C)NO.5369/2008 2 impugned orders will result in dismissal of the main petition and that examination of the witnesses cited is absolutely necessary for proper adjudication of the dispute between the parties. 3. In the facts and circumstances of the case, we are of the view that an opportunity shall be given to the petitioner to adduce further evidence as sought for in Exts.P3 and P5 applications. Accordingly, we set aside Exts.P4 and P6 orders and allow I.A. Nos.1081 of 2007 and 16 of 2008. The Family Court is directed to reopen the evidence in the case and permit the petitioner to examine the witnesses cited in I.A. No.1081 of 2007 on condition that the petitioner pays Rs.2,000/- as costs to the respondent within a period of three weeks from today. The Writ Petition is allowed as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.5369/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO. 5369/2008 JUDGMENT 22nd MAY, 2008 W.P.(C)NO.5369/2008 4