IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20651 of 2008(S) -------------------------- OP.1697/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ JISHA, D/O.JAYARAJAN NAIR, AGED 27 YEARS, VILANBARIL HOUSE, KUNNATHURMEDU, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: --------------- SUNIL, S/O.PARAMESWARAN NAIR, AGED 33 YEARS, VAYARALAKALAM, SANKARABHAVAN, KOTTAYI, PALAKKAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ W.P.(C) No. 20651 of 2008 ------------------------------------------- Dated this the 14th day of July 2008 JUDGMENT Kurian Joseph,J This writ petition is filed for the following prayer. Issue a writ directing the Family Court, Ernakulam to consider the question of maintainability of O.P No. 1697/2007 as a preliminary issue and to take a decision on the same before proceedings further in the matter. We have obtained a report from the Family Court Judge, Ernakulam. It is pointed out that there was no such request from either side and in case a request is made in that behalf, the Family Court has no objection in deciding the issue as a preliminary issue. It will be open either to the petitioner or to the respondent to file a petition for a decision on the question of maintainability as a preliminary issue , in which case the Family Court will decide the the said issue first, before proceeding with the trial. This writ petition is disposed of accordingly. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es