Abraham.P vs Deepthi Jose on 8 April, 2009

Kerala High Court
Abraham.P vs Deepthi Jose on 8 April, 2009




WP(C).No. 12118 of 2009(R)

                      ...  Petitioner


                       ...       Respondent

                For Petitioner  :SRI.LIJU.V.STEPHEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :08/04/2009

 O R D E R
                R. BASANT & C.T. RAVIKUMAR, JJ.
                       W.P.(C) NO. 12118 OF 2009
                    Dated this the 8th day of April, 2009


Basant, J.

The petitioner is the second respondent in a proceedings initiated by

the first respondent herein against him and the second respondent.

Respondents 1 and 2 are spouses. Their marriage took place on 24.9.2007.

The second respondent is employed abroad and he is now at his place of

employment. Two Original Petitions have been filed by the first

respondent before the Family Court. They are, one for divorce and the

other for return of ornaments. In the latter petition for return of

ornaments/money, the petitioner herein is the second respondent. The

case was posted for appearance of respondents from 22.11.2008. The

second respondent/husband has not entered appearance before the Family

Court so far either personally or through counsel or through any power of

attorney holder. The petitioner did enter appearance, but did not later

appear and he was set ex parte. The matter stands posted for recording ex

parte evidence on 5.5.2009. At this juncture, the petitioner has come before

this Court with this Writ Petition under Article 227 of the Constitution of

W.P.(C)NO. 12118/2009 2


2. What is his prayer? The petitioner submits that his son has no

problems with the first respondent/wife and that if the Family Court were

to make an attempt for a settlement, it might bear fruit. He is unable to

explain why his son has not chosen to enter appearance so far. It is

submitted that the second respondent is employed abroad and hence unable

to appear in court. We can understand that. But, he should have certainly

entered appearance through a counsel or through a power of attorney

holder. His father, the petitioner herein has now entered appearance

before the Family Court.

3. It is now submitted that the matter stands posted to 5.5.2009.

Learned counsel for the petitioner submits that the second

respondent/husband is expected to be in India on 25.5.2009 and if the

matter is adjourned to a date thereafter, the second respondent will be able

to appear and take part in the conciliation.

4. The bonafides of the second respondent remains suspect. If

actually he wants to participate in the conciliation, he should appear before

the Family Court. He appears, to us, to be playing hide and seek and not

W.P.(C)NO. 12118/2009 3

appearing before the Family Court. We are satisfied that no other specific

direction in favour of the second respondent herein is necessary. If the

second respondent is serious in his submission that he wants to participate

in the proceedings, he should appear before the Family Court on or before

5.5.2009 and make appropriate request. He can appear personally or

through a pleader or through a power of attorney holder after securing the

requisite leave. If such an application is filed, the Family Court must

certainly consider whether the second respondent deserves to be granted

time to appear personally on or after 25.5.2009. Appropriate orders must

be passed by the Family Court on such application, if any filed.

5. With the above observation, this Writ Petition is dismissed.




W.P.(C)NO. 12118/2009 4


W.P.(C) NO. 12118/2009


8th April, 2009

W.P.(C)NO. 12118/2009 5

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