IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 OP (FC).No. 1308 of 2011(R) ------------------------------------- OP.251/2010 of FAMILY COURT, KASARAGOD .................... PETITIONER (S): ----------------------- T.A.ABDUL RASHEED,AGED 36 YEARS, S/O.MUHAMMED KUNHI,RESIDING AT RAHEENA VILLA, THIRUVAKOLI,PALLIKKARA VILLAGE,HOSDURG TALUK, P.O.BAKEL,KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): ------------------------ SAINABA,D/O.MOURIABBA @ NASAR BASHA, RESIDING AT KUBER MANSION,UDAYANAR.P.O, MANJESHWAR,KASARAGOD DISTRICT-671319. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06/04/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1308 of 2011-R ---------------------------------------------- Dated, this the 6th day of April, 2011 J U D G M E N T K.M.Joseph, J. This Original Petition is filed by the husband of the respondent for a direction to the Family Court, Kasargod to keep O.P.251/2010 in abeyance till Mat.Appeal 245 of 2008 is disposed of by this Court. 2. O.P.251/2010 is a petition seeking divorce filed by the respondent-wife against the petitioner. Mat.Appeal 245/2008 is filed by the wife against the order for restitution of conjugal rights obtained by the petitioner- husband in O.P.85/2007. It is the contention of the petitioner that the matter is pending before this Court and the Court should have noted the appeal, and the Court should not have proceeded with the matter. Other grounds are also taken. Pending the matter before this Court if the divorce petition is allowed it will affect the interest of the petitioner, it is submitted. 3. We heard the learned counsel for the petitioner OPFC 1308/2011 -2- and learned counsel for the respondent. It may be true that appeal is pending. But, we see no reason why we should hold up the trial of O.P.251/2010. We see no jurisdictional error as such. Accordingly, we dismiss the Original Petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS