IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33686 of 2008(S) -------------------------- OP.579 759/2008 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER): ------------------ MANUEL SUNDER SINGH, SON OF SAROJINI BAI WILSON, AGED 22 YEARS, HOUSE NO.133, TN HOUSING BOARD, VENNAPATTI QUATERS NO.52, COLLECTORATE, DHARMAPURA 5, TAMIL NADU. BY ADV. SRI.A.KUMAR RESPONDENT(S): --------------- ASWATHI BABU, W/O. MANUEL SUNDER SINGH, ASWATHY BHAVAN, KALLUMALA MURI, OZHUKUPARA, PUNALUR P.O., PATHANAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.33686 OF 2008 -------------------------------- Dated this the 14th day of November, 2008 JUDGMENT Raman,J. Petitioner is the respondent in O.P.No.579/2008 pending before the Family Court, Kottarakkara filed by the respondent-wife. Petitioner prays to strike off the O.P. from the rolls of the Family Court, Kottarakkara and to pass such other appropriate orders as this Court deems fit and proper. According to him, the petition for divorce filed by the wife is an abuse of process of court and is not maintainable in law, that the Family Court has no territorial jurisdiction to entertain the petition for divorce, that the ground urged for divorce is based on the allegation of adultery, but without impleading the adulteress as a party in the proceeding and that the averments are also contrary to law. These are the grounds urged in this writ petition. We find that these are all grounds available to be raised by any party to the proceeding when the court below will -2- WP(C).No.33686/2008 consider and pass appropriate orders raising issues on trial. We cannot entertain a writ petition of this nature and grant the relief merely on the contentions now raised, since those are all contentions to be adverted to by the appropriate court before which it is filed and after entering a finding only it could be said whether such petition is maintainable and whether any relief could be granted or not. Further the aggrieved party still has the right of appeal against the order. In these circumstances, the original petition filed before the Family Court cannot be struck off on the ground as alleged at this stage. Without prejudice to the right of the petitioner to raise such contentions before the Family Court, this writ petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.