IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20729 of 2008(S) -------------------------- OPDIV.982/2006 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------ JEENA, AGED 33 YEARS, D/O .L. POULOSE, POTHIYAPARAMBIL (H), THURUTHIPARAMBU, ANALLUR P.O., THRISSUR 680 307. BY ADV. SRI.B.R.MURALEEDHARAN RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. JOSEPH THOMAS AGED 42 YEARS, 2A/6,GANESH VILLA, BEHIND PRATAP TALKIES, KOLBAD ROAD, THANE (W) MAHARASHTRA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ W.P.(C) No. 20729 of 2008 ------------------------------------------- Dated this the 10th day of July 2008 JUDGMENT Kurian Joseph,J One of the prayers in this writ petition is for a direction to the Family Court , Thrissur to entertain O.P 982/2006. That prayer itself is unnecessary since that O.P has already been filed before the said court. Be that as it may, the question is one of jurisdiction. It is seen that the Family Court has been moved for a decision on jurisdiction. Therefore, it is unnecessary for this Court, at this stage, to go into the challenge on the validity of Section 3(3) of the Indian Divorce Act . Hence leaving open that question and without prejudice to the right of the petitioner to pursue the matter in appropriate proceedings , this writ petition is dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es