Madhusoodhanan S. Unnithan, Sivankutty Unnithan and Vijayamma Unnithan vs Rekha B. Nair

R. Basant, J.—Petitioners are respondents 1 to 3 in an Original Petition pending before the Family Court, Kottayam. They are the husband and parents-in-law of the respondent herein. That O.P is filed by the respondent herein claiming return of gold ornaments, amounts etc. The matter stands posted to 15.09.2010. The petitioners are expected to appear before the Family Court. According to the petitioners, petitioners 2 and 3 herein are old and sickly individuals, aged 72 and 64 years. They are unable to undertake a journey to the Family Court. They reside in Alappuzha district. They are afraid that the Family Court may insist on the personal appearance of all the petitioners before it. The 1st petitioner is willing to appear. The 2nd petitioner has already entered physical appearance before the Family Court once. The 3rd petitioner, a woman, is unable to appear. In these circumstances, it is prayed that future appearance of the 2nd and 3rd petitioners may not be insisted. Directions under Article 227 of the Constitution may be issued to the Family Court not to insist on the personal presence of petitioners 2 and 3 before the Family Court. This in short is the prayer made in this petition filed under Article 227 of the Constitution.

We find no reason for us to invoke our extraordinary constitutional jurisdiction at this juncture. If petitioners 2 and 3 or anyone of them are/is not able to appear before the Family Court, they must make an appropriate application before the Family Court showing all reasons leading to the inability of such petitioners to appear before the Family Court, supported by adequate material. They must request the Family Court to dispense with their personal appearance and seek permission to appear through counsel. The learned Counsel submits that petitioners 2 and 3 are willing to execute an instrument of power of attorney in favour of the 1st petitioner authorising him to represent them before the Family Court. Such instrument of power of attorney can also be filed before the Family Court. The petitioners must seek appropriate directions from the Family Court. If such an application is filed before the Family Court, needless to say, the Family Court has to consider the same on merits and pass appropriate orders. If the petitioners are aggrieved by any such order, their option to approach this Court shall remain unfettered. At the moment, we find absolutely no reason to invoke our extraordinary constitutional jurisdiction under Article 227.

With the above observations, this Writ Petition is dismissed.

Hand over a copy of this judgment to the learned Counsel for the petitioners to produce the same before the Family Court when such application, if any, is filed before the Family Court.