IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17790 of 2010(R) -------------------------- GOP.612/2010 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------- PRIYA BIJU MENON, D/O.EAPEN NINAN, NOW RESIDING AT 102A, SIVARAJ NAGAR, SOUTH ENCLAVE CHUNGAM, BYE PASS ROAD, COIMBATORE-641 045. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT: --------------- BIJU MENON, S/O.P.GOPINATH, 3G, SKYLINE WILLOW HEIGHTS, GOSAIKKUNNU, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.17790 of 2010 ********************* Dated this the 9th day of June, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this Writ Petition complaining about abuse of jurisdiction of the Family Court by the respondent. The contestants are spouses. A child, now aged 3 ½ years, is born in the wedlock. Proceedings have been initiated by the petitioner before the Family Court at Coimbatore. The respondent had appeared before the Family Court. Solely for the purpose of vexing and harassing the petitioner, subsequently the respondent has filed a petition before the Family Court, Trichur. The Family Court, Trichur has issued an exparte interim direction to the petitioner/mother to produce the minor child aged 3 ½ years. There is gross suppression of facts. There is no territorial jurisdiction for the Family Court, Trichur to entertain the dispute. Solely for the purpose of vexing and harassing the petitioner, such proceedings has been initiated before the Family Court, Trichur misrepresenting facts and an exparte interim order adverse to W.P(C) No.17790 of 2010 2 the petitioner has been secured. The petitioner, in these circumstances, prays that the jurisdiction under Article 227 of the Constitution may be invoked and appropriate directions may be issued. The matter stands posted before the Family Court at Coimbatore for conciliation on 25.06.2010, submits the learned counsel. 2. We are not posted with the full facts. We do not think it necessary to order notice to the respondent to resolve the factual controversies. The Family Court, Trichur is already seized of the matter. It is for the petitioner to appear before that court and explain to the court the relevant circumstances. Objection to jurisdiction can be raised by the petitioner before the Family Court, Trichur and we have no reason to assume that the Family Court, Trichur will not consider such objection promptly in the background of the facts pointed out by the learned counsel for the petitioner before us. 3. We are not satisfied that this Writ Petition deserves admission. But we may hasten to observe that if the petitioner appears before the Family Court with the child on the next date of posting and raises relevant contentions, the Family Court, Trichur must consider those contentions and take appropriate W.P(C) No.17790 of 2010 3 decision before issuing any further directions regarding interim custody of the child. 4. This Writ Petition is, in these circumstances, dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the Family Court, Trichur on the next date of posting. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/