✦ Kerala High Court · 11 Nov 2008

K.P.ANTONY v. LILLY MARIAM ABRAHAM

Case at a glance

Outcome

Dismissed

Writ petition is dismissed without prejudice to the right ofthe petitioner to raise the same before the family court

Provisions considered

Judgment

WP(C) NO.16039/08APPENDIXEXT.P1-TRUE COPY OF AGREEMENT DATED 10.10.2006 BETWEEN THE FIRST AND SECONDRESPONDENT.EXT.P2-TRUE COPY OF THE JUDGMENT DATED 18.10.2006 IN O.P.NO.732/06 OF FAMILYCOURT, ETTUMANNOOR.EXT.P3-TRUE COPY OF PETITION FILED UNDER SECTION 10 A OF INDIAN DIVORCE ACT BY1ST AND 2ND RESPONDENT.EXT.P4-TRUE COPY OF O.P.NO.230/08 OF FAMILY COURT, ETTUMANNOOR FILED BY 1STRESPONDENT.// TRUE COPY //P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ.~~~~~~~~~~~~~~~~~~~~~~~~~~~W.P.(C) No.16039/2008-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of November, 2008.JUDGMENTRaman, J.The prayer made in this writ petition is to quash Ext.P4 which is apetition filed before the Family Court as O.P.No.230/2008. If the petition isnot maintainable on any ground, it is always open to the petitioner to raisesuch contentions before the Family Court in which event the Family Courtwill consider and dispose of the same in accordance with law. But thisCourt will not entertain a writ petition under Article 226 of the Constitutionof India to quash Ext.P4 petition, filed by the first respondent before theFamily Court, Kottayam, and predetermine the issues. It is too premature tobe entertained. Writ petition is dismissed without prejudice to the right ofthe petitioner to raise the same before the family court.(P.R. Raman, Judge.)(T.R. Ramachandran Nair, Judge.)ms

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Writ petition is dismissed without prejudice to the right ofthe petitioner to raise the same before the family court

Which court decided this case, and when?

Kerala High Court, on 11 Nov 2008. The bench was T R RAMACHANDRAN NAIR.

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