IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2868 of 2008(S) ------------------------- OP.288/2006 of FAMILY COURT, KASARAGOD .................... PETITIONER: ------------ 1. R.TRIVENI, W/O. V.RAGUPATHI AND D/O. KESHAVA ADIGA, RESIDING AT NEAR TOWN BANK, SVT ROAD, KASARAGOD KASABA VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. AISHWARYA, AGED 6 1/2 YEARS, (MINOR REPRESENTED BY HER MOTHER 1ST PETITIONER), RESIDING AT NEAR TOWN BANK, SVT ROAD, KASARAGOD KASABA VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT: ------------- V.RAGUPATHI, S/O. VENKATRAMANI, RESIDING IN HOUSE NO.55, MANIAM KALIAPPA STREET, SAIBABA COLONY, K.K.PUDUR, COIMBATORE-641 038, TAMIL NADU. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN- UL-RASHID,JJ. -------------------------------------------------------- W.P.(C)No.2868 OF 2008 -------------------------------------- DATED THIS THE 24th DAY OF JANUARY, 2008 J U D G M E N T KURIAN JOSEPH, J. This writ petition is filed challenging the maintainability of Exhibit P1 petition before the Family Court, Kasargod . The first petitioner has filed detailed objections by way of Exhibit P2. There will be a direction to the Family Court, Kasargod to first decide the issue of maintainability of the main petition before the Family Court and thereafter the court shall proceed with the trial. If the petitioners have any inconvenience in complying with the directions to bring the child before the Family Court, it is for them to move the Family Court. KURIAN JOSEPH, JUDGE. HARUN- UL-RASHID,JUDGE. dsn