WOLTER ANTONY HARRISON Vs. AGNUS HARRISON

JUDGEMENT

(1.) The petitioner is a senior citizen. He has approached this Court under Article 227 of the Constitution of India to issue a direction to the Family Court, Ernakulam to dispose of the case O.P.No.976 of 2017 filed by him in that court.

(2.) O.P.No.976 of 2017 is filed by the petitioner in the Family Court, Ernakulam for granting a decree of divorce against the respondent. It is stated that though the respondent had entered appearance in the case through counsel, she has been continuously absent in the court below and the case is being dragged by on her.

(3.) We had called for a report from the Judge, Family Court regarding the stage of the aforesaid case and the maximum time within which the case can be disposed of by the court. The Judge, Family Court initially submitted a report dated 9.7.2018, in which, he stated that the respondent in the case was reported to be abroad and after 1.1.2018, both sides have not appeared before the court. As this Court was not satisfied with regard to this report, the Judge, Family Court was directed to submit a further report showing the details of the proceedings in the case specifically mentioning as to how many opportunities were given to the respondent to file her objections in the case. The Judge, Family Court was also directed to submit a copy of the 'proceedings sheet' of the case. Pursuant to the order of this Court, the Judge, Family Court has submitted a further report dated 19.7.2018. In this report, he has stated that, on 19.10.2017 the petitioner was present and the respondent entered appearance in the case on that date and the case was posted for appearance of both parties to 1.1.2018. It is further stated by the Judge, Family Court that after 19.10.2017, both parties have not appeared before the court and counselling and mediation could not be conducted.