IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 469 of 2010(R) -------------------------------- OP.12/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): ------------------------ ASHWATHY RAJAGOPAL, DAUGHTER OF K.RAJAGOPAL, 317-C, CHITHRA ESTATE, P.O. COCHIN PALACE, TRIPUNITHURA, REP.BY HER MOTHER AND POWER OF ATTORNEY MRS. LALITHA RAJAGOPAL. BY ADV. MR.BOBY MATHEW RESPONDENT(S): -------------------------- MAHESH MADHAVAN, SON OF M.C. MADHAVAN, 60/3784M'SUMANGALI', PALLIYIL LANE, KOCHI 682 016. R1 BY ADVS. MR.S.SANTHOSH KUMAR, SMT.P.LISSY JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 469/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE OP.122/2009 DTD. 21.1.09 PENDING BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM. P2:- COPY OF THE OBJECTION DTD. 6.5.09 IN EXT. P1(OP 122/09) PENDING BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM. P3:- COPY OF THE IA. NO.2097/09 DTD. 6.5.09 IN OP.122/09 PENDING ON THE FILE OF THE HONOURABLE FAMILY COURT, ERNAKULAM. P4:- COPY OF THE IA. NO.3177/09 DTD. 28.6.09 IN OP.122/09 ON THE FILE OF THE HONOURABLE FAMILY COURT, ERNAKULAM (WITHOUT THE ANNESURE REFERRED TO THEREIN). P5:- COPY OF THE OBJECTION DTD. 17.8.09 IN EXT.P4 (I. NO.3177/09 IN OP 122/09) ON THE FILE OF THE HONOURABLE FAMILY COURT, ERNAKULAM. P6:- COPY OF THE ORDER DTD. 14.9.09 IN EXT.P4 (IA.3177/09 IN OP. 122/09 ON THE FILE OF THE HONOURABLE FAMILY COURT, ERNAKULAM. P7:- COPY OF THE OBJECTION DTD. 5.11.09 IN EXT.P3(IA. NO.2097/09 IN OP.122/09) PENDING ON THE FILE OF THE HONOURABLE FAMILY COURT, ERNAKULAM. P8:- COPY OF THE MEMO DTD. 17.12.09 FILED BY THE PETITIONER IN OP. 122/09 PENDING ON THE FILE OF THE HONOURABLE FAMILY COURT, ERNAKULAM. RESPONDENT'S EXHIBITS R1:- COPY OF THE EMAIL DTD. 18.11.08. RII:- COPY OF THE EMAIL DTD. 14.1.09. TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. ================================================== W.P.(C)No.469 of 2010 ================================================== Dated this the 3rd day of March, 2010. JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is by the wife, who is the respondent in an application for divorce filed by the husband before the Family Court, Ernakulam. Both parties work outside India. They have a girl child aged around 1½ years. The petitioner challenges the order of the Family Court essentially, expediting the trial. However, when the matter was being argued before this Court touching certain aspects on the merits of the matter, the parties thought it fit to re-think on the issue with the aid and advice of their counsel. They have accordingly decided to withdraw the allegations between them, but have concluded that, the marriage has irretrievably broken down and separation is the only way out. WPC469/10 -:2:- They have accordingly decided to invoke the jurisdiction of the competent court in terms of Section 13B of the Hindu Marriage Act. In fact, they placed such an application here. But, this being only a writ petition and not an appeal from any final decision of the Family Court, we do not deem it appropriate to entertain such petition. The withdrawal of allegations between them should not also result in withdrawal of the original petition itself, if the application under Section 13B is to be considered as an interlocutory application in the pending original petition. Therefore, as of now, we find that the writ petition in hand has essentially come to be of no purpose. We, accordingly, dismiss this petition without entering on merits, however directing that, if the parties file proper application under Section 13B in the matter pending before the Family Court, the said court will bestow due attention, including on the request of the WPC469/10 -:3:- parties to waive the waiting period in terms of the statutory provisions, having regard to the totality of the facts and circumstances. Issue certified copy today. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. sl.