IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15726 of 2008(S) -------------------------- AGAINST THE ORDER IN CMP.21/08 IN MC.263/2003 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ M.MUSTHAFA, AGED YEARS, S/O.ISMAIL, MUKKORKANDIYIL, PERUMANNA AMSOM, VELLAYIKODE DESOM, KOZHIKODE TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SRI.B.PREMNATH (E) SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: ------------- SHAHIDA, D/O.ABDURAHIMAN, VELLARAMKANDY HOUSE, KANNIPARAMBA AMSOM AND DESOM, KOZHIKODE TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.15726 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- (a) To issue a writ or such other appropriate order directing the court below-Family Court, Kozhikode- to proceed with C.M.P.21/2008 strictly according to law assuring opportunity to the petitioner/respondent therein and after duly considering his objections raised against the respondent's claim. Counsel for the petitioner submits that his only request is for a direction to the Family Court to take into consideration his objections also while passing orders in C.M.P.No.21/2008. We do not think such a direction is necessary since the Family Court cannot but look into the objections filed by the petitioner while disposing of C.M.P.No.21/2008. Therefore, with a direction to the Family Court to pass appropriate orders in the light of the observations made as above, the writ petition is dismissed. Petitioner will produce a copy of this judgment along with a copy of the writ petition before the Family Court and will serve one copy each on the respondents. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.15726 of 2008 ---------------------------- JUDGMENT 27th May, 2008