Syeda Tabassum v. Syed Ali Siddique

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.4253 of 2017 ORDER:

This civil revision petition, under Article 227 of the Constitution of India, by the 3rd respondent in IA.No.45 of 2016 in OP.No.1323 of 2015 is filed having been aggrieved of the direction in the docket order, dated 03.07.2017, whereby the respondents 2 & 3 including the petitioner herein are directed to appear, on 06.07.2017, before the learned Judge, Additional Family Court, City Civil Court, Hyderabad, without fail.

I have heard the submissions of Sri Mohd.Osman Shaheed, learned counsel appearing for the petitioner, at the stage of admission. I have perused the material record.

To be precise, the direction with which the petitioner herein is aggrieved reads verbatim as under: 'R2 and R3 shall appear in court on 06.07.2017.'

Learned counsel for the petitioner would submit that the said direction though compels the parties to appear, on 06.07.2017, the learned Judge was on leave on that day and, therefore, the said order is still hanging like a Damocles sword on the heads of the respondents 2 & 3 and that in a proceeding of the present nature before the Court below, the Court below is not supposed to insist for the personal appearance of the respondents 2 & 3 as they are already being represented by a counsel duly appointed by them. He would further submit that the respondents 2 & 3 in the OP would appear before the trial Court as and when directed and if necessary for in-camera proceeding or any other proceeding, which the law permits and, therefore, the revision petition may be disposed with appropriate observations and direction. Having regard to the facts and submissions, the Court is of the considered view that the revision petition can be disposed of at the admission stage with certain directions.

Accordingly, the Civil Revision Petition is disposed of at the stage of admission directing the Additional Family Court not to insist upon the appearance of the respondents 2 & 3 in the OP without any reasonable cause. However, the learned Judge shall be at liberty to direct the appearance of the respondents 2 & 3 in the above OP before the Court as and when necessary for the purposes like in-camera proceedings or conciliation or any other purposes, which the law permits.

There shall be no order as to costs.

Miscellaneous petitions pending if any shall stand closed. __________________________ JUSTICE M. SEETHARAMA MURTI 23.08.2017 Vjl