IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 12189 of 2008(S) ------------------------------------ OP.1290/2005 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------------- SHEELA, D/O.SUBHLITHAN, PUTHELATHU VEEDU PADUR, VENKIDANGU, CHAVAKKAD. BY ADV. SRI.V.G.ARUN RESPONDENTS: ----------------------- 1. K.M.GEORGE, KALLAKATHU VEEDU, KURUVILANGAD, NOW RESIDING AT KO LLIKER STRASSER 8, 5036-OBERENTIFE-LDEN, SWITZERLAND. 2. K.M.JOSEPH, KALLAKATHU HOUSE, KURAVILANGAD P.O., KOTTAYAM DIST. BY ADV. SRI.MILLU DANDAPANI - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12189/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PETITION IN OP. 1290/05 DT 26.11.2005 OF THE FAMILY COURT OF TRICHUR. EXT.P2:- COPY OF THE OBJECTION FILED BY THE RESPONDENT IN OP. 1290/05 DT. 28.4.07. /TRUE COPY/ P.S. TO JUDGE tss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.P(C).No.12189 of 2008 ===================== Dated this the 9th day of June, 2008. JUDGMENT Koshy,J. The contention of the petitioner is that the petition before the Family Court is not maintainable as it was filed through a power of attorney holder. It is also submitted that the earlier marriage was suppressed and a person, who has allegedly done an illegal act, cannot file a petition like this, as he is not an aggrieved party. The maintainability of the matter on the basis of the admitted facts shall be decided by the Family Court itself as a preliminary point. Thereafter, if the Family Court feels that it is prima facie maintainable, evidence will have to be taken and the order passed on maintainability can be challenged by both sides. 2. In the above circumstances, we direct the Family Court to dispose of the matter with regard to the maintainability as a preliminary issue and decide the matter after hearing the counsel WP(C) 12189/08 -: 2 :- for both parties on the basis of the admitted facts, as expeditiously as possible, in any event, within three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 10/6