IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 1716 of 2009(S) ------------------------- PETITIONER(S): --------------- N.KRISHNAN, S/O. NARAYANA, SANKARAMANGALAM, T.C. 36/442, PALKULANGARA, THIRUVANANTHAURAM. BY ADVS. SRI.M.BALAGOVINDAN SRI.VINOD J.DEV RESPONDENT(S): --------------- KALYANI KRISHNAN, SANKARAMANGALAM,T.C. 36/442, PALKULANGARA, THIRUVANANTHAPURAM. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO.1716 OF 2009 --------------------------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT Raman J. The petitioner is the respondent in O.P. No.120 of 2007on the file of the Family Court, Thiruvananthapuram filed by the wife claiming maintenance. In the said Original Petition, I.A. No.416 of 2007 was filed by the wife restraining the petitioner herein from alienating any portion of the petition schedule property. An order was passed in the application as prayed for, a copy of which is produced as Ext.P1. That was an interim order passed ex parte before giving notice to the petitioner. The petitioner on appearance filed a counter affidavit. His main contention is that it is not necessary that he should be restrained from alienating the entire property and that a portion of the property will be sufficient security for the discharge of the liability, if any in case the Original Petition is allowed. However, after the ex parte order was passed, the petitioner herein was not heard and in the circumstances, that order continues. In the view we are taking, it is not necessary to issue notice to the other side. Since an ex W.P.(C)N0.1716/2009 2 parte order cannot be allowed to continue for long, the Family Court, Thiruvananthapuram is directed to consider I.A. No.416 of 2007 and pass suitable orders, after hearing both sides, in accordance with law expeditiously. The Writ Petition is disposed of as above. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)N0.1716/2009 3 P.R. RAMAN & C.T. RAVIKUMAR, JJ. W.P.(C)NO.1716/2009 JUDGMENT 27th January, 2009 W.P.(C)N0.1716/2009 4