IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 29704 of 2009(R) -------------------------- AGAINST THE ORDER DATED 17/09/2009 IN IA 725/2009 IN OP.551/2007 of FAMILY COURT, KANNUR .................... PETITIONER(S): RESPONDENT ------------------------- K.VINAYKUMAR, S/O.K.SREENIVAS, AGED 47 YEARS, PANDESWAR, MANGALAPURAM, KARNATAKA STATE. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.JIMMY.N.JOSEPH SMT.R.LEELA RESPONDENT(S): PETITIONER ------------------------- JYOTSNA PURUSHOTHAMAN, D/O.K.C.PURUSHOTHAMAN, AGED 40 YEARS, RESIDING AT 'UJALA', OPPOSITE CANTONMENT PARK, KANNUR. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 SRI.K.JAYAKUMAR FOR R1 SRI.P.B.KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ W.P.(C) 29704 OF 2009 ------------------------------------------------------ Dated: JANUARY 15, 2010 JUDGMENT Joseph, J. Petitioner challenges the order passed allowing the application to amend the O.P. filed by the respondent. 2. We heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The learned counsel for the petitioner would submit that the petitioner raised a question of jurisdiction and it is without considering the contention of the petitioner that the impugned order is passed. We have perused the order. We feel that the petition has to be allowed and the matter reconsidered. The writ petition is allowed and the impugned order Ext.P6 is set aside. The Family Court, Kannur, will take up I.A.725/2009 on 29.1.2010, hear the parties and pass fresh orders therein. The parties are to appear before the Family Court, Kannur on 29.1.2010. K.M.JOSEPH, JUDGE P.Q. BARKATH ALI, JUDGE mt/-