IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 7048 of 2008(S) ------------------------- AGAINST THE ORDER IN CMP.1573/06,798/07 & 14/08 IN MC.196/2004 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): --------------- ABDUL GAFOOR, AGED 35 YEARS, S/O. ALIKOYA, VADAKKE PILACHERI HOUSE, PUTHURVATTOM, BALUSSERY, KOZHIKODE TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SRI.B.PREMNATH (E) SRI.MANJERI SUBIN SUNDER RAJ RESPONDENT(S): --------------- SAMEERA, AGED 27 YEARS, D/O. MUHAMMED, THYVALAPPIL HOUSE, MELADY AMSOM, KANNAMKULAM DESOM, KOYILANDY TALUK, KOZHIKODE. ADV. SMT.K.V.RESHMI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.7048 OF 2008 EXT.P1 TRUE COPY OF BAIL ORDER BY SESSIONS COURT, KOZHIKODE, IN CMP.NO.1877/2004 IN FAVOUR OF PETITIONER AND RELATIVES. EXT.P2 ORIGINAL AGREEMENT DEED OF COMPROMISE SETTLEMENT BETWEEN PETITIONER AND RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.7048 OF 2008 ------------------------------- Dated this the 19th February, 2009 J U D G M E N T Raman, J. The marriage between the petitioner and respondents is stated to have been dissolved, and according to the petitioner, the monetary disputes were also settled. It is alleged that despite settlement of all the disputes, the respondent has filed M.C. proceedings before the Family Court, Kozhikode. The prayer made in this writ petition is to quash the maintenance proceedings in C.M.P.No.1573 of 2006, C.M.P.No.798 of 2007 and C.M.P.No.14 of 2008 in M.C.No.196 of 2004. 2. Heard both sides. The question arise in this writ petition is as to whether there was any agreement as such between the parties. Once such contentions are raised before the Family Court, it is for the Family Court to consider at the first instance on the merits of such contention. It is not possible to W.P.(C) No.7048/2008 2 enter this writ petition at this stage granting any relief as sought for. With liberty to raise such contentions before the Family Court, the writ petition is dismissed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.