IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34480 of 2008(S) -------------------------- MC.189/2008 of FAMILY COURT, KASARAGOD .................... PETITIONER(S): --------------- M.KUNHABDULLA S/O.LATE MOIDEEN M.,AGED 45 YEARS,RESIDING AT S.T.H MANZIL, MUTTUMTHALA, KOLAVAYAL POST,AJANOOR, KANHANGAD, KASARGOD DISTRICT PIN 671 31. BY ADV. SRI.K.P.RAMACHANDRAN SRI.K.SABU RESPONDENT(S): --------------- 1. N.K.FOUSIYA, D/O.MOHAMMAD KUNJI,AGED 26 YEARS,RESIDING AT SAVATH MANZIL,PALLIPUZHA, PALLIKARA VILLAGE, HOSDURG TALUK,KAZARGOD DISTRICT. 2. THE HONOURABLE FAMILY COURT,KASARGODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------- W.P.(C)NO.34480 OF 2008 ------------------------------- Dated this the 24th day of November,2008 JUDGMENT Raman,J. Petitioner seeks to quash the proceedings in M.C.No.189/2008 pending before the 2nd respondent. That is a maintenance case filed by the wife of the petitioner's brother. In the course of the argument, the learned counsel for the petitioner submitted that the petitioner's brother is in Gulf country but no power of attorney is produced enabling the petitioner to prosecute the matter. The main contention advanced in this writ petition is that because of Exts.P1 and P2 agreement between the parties, there is no further liability towards maintenance, and contends that the petitioner's brother completely discharged his liability under those agreements. So far as the payment of such amount is not admitted, the plea of discharge is a matter to be proved before the competent court. The proceedings in M.C. No.189/2008 at this -2- WP(C).No.34480/2008 stage cannot be quashed. Therefore, leaving open the right of the petitioner to raise the contentions in M.C. No.189/2008 this writ petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.