IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12265 of 2010(R) -------------------------------------- PETITIONER(S): ---------------------- SUDEEP E.K., AGED 29 YEARS S/O.THAMY, RESIDING AT EDAKKEKKATTIL HOUSE POTHANNUR DESOM, PONNANI TALUK PO NARIPARAMBA, MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SRI.P.K.KHALEEMUDHEEN SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): ------------------------- 1. DEEPIKA, D/O.VASUDEVAN AZHAKATH KALATHIL HOUSE, KODAKKAL PO THIRUNAVAYA, TIRUR,MALAPPURAM. NOW RESIDING AT NP QUARTERS, VAVOOR KUNNU KODAKKAL PO, THIRUNAVAYA, TIRUR, MALAPPURAM. 2. ASWINI, AGED 2 YEARS D/O.SUDEEP , MINOR (MINOR IS REPRESENTED BY THE MOTHER AS NEXT FRIEND) 3. STATE OF KERALA, REPRESENTED THROUGH THE GOVERNMENT PLEADER HIGH COURT OF KERALA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.12265 of 2010-R ---------------------------------------------- Dated, this the 9th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “1) to call for the records leading to the issuance of Exhibit P1 and issue a writ of certiorari quashing Exhibit P1 order passed by the learned Family Court Judge, Malappuram, as illegal, irregular and procedurally improper. 2) to declare that the Family Court Judge has no power to pass a common order for both OPs and MC, which are tried by him in exercise of both Civil and Criminal jurisdictions under Section 7 (1) and 7 (2) of the Family Courts Act. 3) to issue a writ of mandamus or any other writ directing the learned Family Court Judge, Malappuram to pass separte orders for both Ops and MC viz. OP No.567/2009, OP No.675/2009 and MC No.641/2009 and also direct the lower Court Judge to keep all further proceedings pursuant to Exhibit P1 in abeyance. 4) to issue a writ of mandamus or any other writ directing the learned Family Court Judge, Malappuram to issue 3 more free copies of Exhibit P1 order, in view of Rule 10 (1) of the Family Courts Procedure Rules, 1989.” 2. Ext.P1 is a common order passed in four cases. We got a report from the Family Court, Malappuram. In the report it is stated as under: Since all the 4 cases (OP Nos.567/09, 574/09, WPC 12265/2010 -2- 675/09 and M.C 641/09) are connected, only one copy of the order was issued. The usual practice is to issue certified copies of the order on application of the parties in each of the case. The Court will issue three more copies of the common order immediately. In the light of this report, the writ petition is disposed of without prejudice to the right of the petitioner to get copies of the order and challenge it before appropriate Fourm. We make it clear that we have not gone into the contentions and we leave it open. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS