Mohanan, J.
The petitioner wife is the sole respondent in O.P. No.99/2014 filed by the respondent herein for divorce. According to the petitioner, the respondent herein, who is fully aware of the fact that the petitioner wife has left for job in abroad, particularly when the Family Court allowed her petition, ie. I.A. No.395/2014, on 21/7/2014 permitting her Power of Attorney holder to represent her in the divorce proceedings, filed I.A. No.427/14 on 9/8/2014 with a prayer to direct both the petitioner and the respondent therein to appear in that court in person for counselling or mediation. Ext.P5 is the said petition. The petitioner herein had preferred Ext.P6 counter affidavit on 19/8/2014 and thereafter the court below passed Ext.P7 order on 22/9/2014, which reads as follows:
“Heard. The petition is allowed in view of the decision in Op(FC).500/14-R :2:
T.G.Srinivas -applicant Vs. Pushkarni -respondent LAWS (APH)-2010-8-109 and Abdul Salam Vs. Mariyumma 2001(1) KLT 713.”
It is against Ext.P7 this original petition is preferred under Article 227 of the Constitution of India.
2. Heard Sri. M.Ramesh Chander, the learned senior counsel appearing for the petitioner and Sri. Jawahar Jose, the learned counsel appearing for the respondent.
3. Admittedly, the petitioner is working as a Nurse in Dubai. Though she had come down to her native place for a short while, she had to leave for Dubai for rejoining her duty during the moth of July and hence she could not appear in person before the lower court. But, before leaving for Dubai, the petitioner had filed an application to allow her to prosecute her case through her power of attorney holder, who is none other than her father. If that be so, it is only just and proper directing the Family Court, Kasaragod to fix a date immediately after six months from the date of next posting date of the case in that court so that the petitioner can avail leave for appearing before the said Court.
In the result, this O.P. is disposed of directing the Family Op(FC).500/14-R :3:
Court, Kasaragod, to fix a date in terms of Ext.P7 order, for the appearance of the parties after six months from the date of next posting date of the case in that court, after ascertaining the convenient date of the parties and the parties are directed to co-operate with the court proceedings so as to enable the court to dispose the matter at the earliest.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.