IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16039 of 2008(S)
1. K.P.ANTONY, AGED 55 YEARS,
... Petitioner
Vs
1. LILLY MARIAM ABRAHAM, D/O.ABRAHAM,
... Respondent
2. ANIL K.ANTONY, S/O.K.P.ANTONY,
For Petitioner :SRI.S.VIDYASAGAR
For Respondent :SRI.SUNIL CYRIAC
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/11/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C) No.16039/2008-S
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 11th day of November, 2008.
J U D G M E N T
Raman, J.
The prayer made in this writ petition is to quash Ext.P4 which is a
petition filed before the Family Court as O.P.No.230/2008. If the petition is
not maintainable on any ground, it is always open to the petitioner to raise
such contentions before the Family Court in which event the Family Court
will consider and dispose of the same in accordance with law. But this
Court will not entertain a writ petition under Article 226 of the Constitution
of India to quash Ext.P4 petition, filed by the first respondent before the
Family Court, Kottayam, and predetermine the issues. It is too premature to
be entertained. Writ petition is dismissed without prejudice to the right of
the petitioner to raise the same before the family court.
(P.R. Raman, Judge.)
(T.R. Ramachandran Nair, Judge.)
ms