John K.Mathew vs Lali John on 13 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16986 of 2009(R)


1. JOHN K.MATHEW, S/O.LATE K.K.MATHEW,
                      ...  Petitioner

                        Vs



1. LALI JOHN, W/O.JOHN K.MATHEW,
                       ...       Respondent

                For Petitioner  :SMT.P.K.RADHIKA

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :13/07/2009

 O R D E R
                R.BASANT & M.C.HARI RANI, JJ.
          --------------------------------------------------
                 W.P.(C)No.16986 OF 2009
       -----------------------------------------------------
           DATED THIS THE 13th DAY OF JULY, 2009

                         J U D G M E N T

Basant, J.

The petitioner-husband has filed an application for divorce

before the Family Court against the respondent, his wife. That

application is pending as O.P.No.317/2008 before the Family

Court, Thiruvalla. The petitioner came to this Court with this Writ

Petition complaining that the Family Court is not taking effective

steps to get the service effected and to proceed with the matter.

This Writ Petition was admitted on 19.6.2009. The report of the

Family Court was called for and received. The report dated

25.6.2009 has been perused by us. The report shows that the

respondent has not been served yet in O.P.No.317/08. The court

below is waiting for getting the service effected on the

respondent. This Court was persuaded to issue a direction that

an appropriate person must be deputed to get the service

effected on the respondent. The Family Court reports that the

respondent is not available in India admittedly and in these

circumstances, that direction could not be carried out.

W.P.(C)No.16986/09 -2-

2. We are satisfied that this Writ Petition is without any

merit. It is for the petitioner to take effective steps to get the

service effected on the respondent. At the moment, there is

nothing to assume that service has been properly made on the

respondent. The petitioner can take proper steps through the

Embassy officials to get the service effected. No further

directions are necessary in this Writ Petition. This Writ Petition

is accordingly dismissed.

R.BASANT, JUDGE.

M.C.HARI RANI, JUDGE.

dsn