MRUTHALA MATHEW Vs. LINISH P MATHEW

JUDGEMENT

(1.) THE respondent has come to this Court and by Ext.P3 judgment dated 29.09.2010 further opportunity was indulgently granted to the respondent herein to get the potency test conducted after he returns to India on leave in December, 2010. An amount of Rs.15,000/- was ordered to be paid as cost to the petitioner herein and we are informed that the cost amount has already been deposited. By separate orders, we have clarified that the said amount must forthwith be released to the petitioner herein.

(2.) THE petitioner was not heard when Ext.P3 judgment was passed. THE learned counsel for the petitioner submits that the petitioner has come to this Court only to air an apprehension that Ext.P3 judgment may be taken advantage of by the respondent herein to indefinitely postpone the proceedings. Further protraction may be zealously avoided. Appropriate direction to that effect may be ordered, submits the learned counsel for the petitioner herein, ie. the wife.

(3.) WE do, in these circumstances, direct that the court below shall post the case to 22.12.2010. All necessary steps must be taken by the respondent herein to proceed with the case before that date. The court below shall permit the respondent to be examined by the Medical Board on a date immediately after 22.12.2010. The court below shall secure the report of the Medical Board as expeditiously as possible. The court below shall complete the trial in the matter and ensure that the O.P is disposed of as expeditiously as possible, in accordance with law - at any rate, prior to 15.02.2011. Considering the sequence of events in this case, we direct that the court below must post the case day-to-day and complete the trial as expeditiously as possible after 22.12.2010.