IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 21887 of 2008(S) -------------------------- AGAINST THE ORDER IN EP 7/2008. IN OP.288/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER/IST RESPONDENT ----------------- USMAN, AGED 40 YEARS, S/O.ABDUL RAHIMAN, CHERU VALAPPIL HOUSE, P.O.PONNANI NAGARAM, MALAPPURAM, REP. BY THE POWER OF ATTORNEY HOLDER SAMAD C.V. DO. DO. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN RESPONDENTS/ PETITIONER & STATE --------------------- 1. NUSRATH, AGED 28 YEARS, D/O.ABDUL HAMEED, KHADEEJA MANZIL, ATTIYAMAKKANKATH PUTHEN MALIYEKKAL, NARIPARAMBA P.O., MALAPPURAM. 2. STATE OF KERALA, REP. THROUGH THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.B.ARUNKUMAR FOR R1 BY GOVT. PLEADER SRI R.LAKSHMINARAYANAN, FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF MONEY ORDER RECEIPTS EVIDENCING RECEIPT OF MAINTENANCE AMOUNT BY THE IST RESPONDENT FROM 2001 ONWARDS. EXT.P2 TRUE PHOTOCOPY OF THE DISCHARGE CARD OF PETITIONER ISSUED BY JUBILEE MISSION MEDICAL COLLEGE HOSPITAL. EXT.P3 TRUE PHTOCOPY OF THE FIR IN CR.NO.67/07 OF PONNANI POLICE. EXT.P4 TRUE PHOTOCOOPY OF THE JUDGMENT OF THIS COURT IN B.A.No..1081/2007 DATED 23/2/2007. EXT.P5 TRUE PHOTOCOPY OF THE ORDER IN O.P.NO.288/07 DATED 29/10/07. EXT.P6 TRUE PHOTOCOPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT AS E.P.NO.7/2008. P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------- W.P.(C)NO.21887 OF 2008 ------------------------------- Dated this the 3rd day of December,2008 JUDGMENT Raman,J. This writ petition is filed seeking to quash Ext.P5 ex parte order passed against the petitioner, who was the lst respondent in O.P.No.288/2007 on the file of the Family Court, Malappuram. After declining the petitioner as ex parte, Ext.P5 order was passed to return the gold ornaments or value worth Rs.3,80,000/-. According to the petitioner, he did not receive notice in O.P.No.288/2007 filed by the wife. If so, the remedy open to the petitioner is to move the Family Court to set aside the ex parte order by an application to be filed in accordance with law and not to file a writ petition straight away. Leaving open the right of the petitioner to approach the court below for such relief, this writ petition is dismissed. However, since the writ petition was entertained and stay was -2- WP(C).No.21887/2008 granted, we order that the stay will continue for a period of one month more so as to enable the petitioner to approach the court below. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.