IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 5035 of 2010(R) ------------------------- OPDA.34/2010 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- ALEYAMMA ANDREW, AGED 29 YEARS D/O.PATHROSIA ANDREW, VELAN VILAKOM, THUMBA PALLITHURA POST, TRIVANDRUM. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): ---------------------- 1. PETER SEBASTAIN, AGED 39 YEARS S/O.LATE HENRY GOMEZ, MARY MANDIRAM,THUMBA, PALLITHURA PO, TRIVANDRUM. 2. JOHNY D'SILVA, AGED 41 S/O.BONYFACE D'SILVA, TREASA BHAVAN,KOCHUVELI KARIKKAKAM T.T.P POST,TRIVANDRUM NOW WORKING AT AL-SANAFER, TOO-TOO COMPLEX DEIRA NEAR NIFE POLICE STATION, DUBAI, U.A.E. ADV. SRI.P.M.JOSHI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC5035/2010 - 2 - APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - COPY OF THE O.P.(DA).34/10. EXT.P2 - COPY OF THE I.A.NO.54/10. EXT.P3 - COPY OF THE ORDER IN O.P.(DA)34.10. EXT.P4 - COPY OF MATHRUBHUMI DAILY DT.23.1.10. EXT.P5 - COPY OF KERALA KAUMUDI DAILY DT.23.1.10. RESPONDENTS' EXHIBITS: NIL. -TRUE COPY- P.S.TO JUDGE. Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C)No.5035 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of March, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.The first respondent husband filed a suit before the Family Court and obtained an ex parte temporary mandatory injunction requiring the writ petitioner wife to foot a telephone bill issued by the BSNL. There is no lack of jurisdiction to issue an order of temporary mandatory junction. All that is required is that it can be issued only when the case warrants, in terms of the law, including as interpreted and laid down by the Apex Court, as also this Court. Therefore, the writ petitioner wife had a remedy to move the Family Court to vacate the ad interim order on grounds being shown. She, however, chose to rush to this Court. WPC5035/10 -: 2 :- 2.Having regard to the nature of the directions, this Court has stayed the operation of the warrant of temporary injunction issued by the Sheristadar of the Family Court. Obviously, that is a warrant issued on the basis of the order of the Family Court. Without expressing anything on merits, we relegate the parties to the Family Court leaving the writ petitioner with liberty to move that Court to vacate the ad interim order. To enable this process, the interim order of stay granted on 16.2.2010 by this Court at the stage of admission is made absolute for a period of one month and to continue to operate till the disposal of any application that the writ petitioner may file before the Family Court to vacate the order of injunction provided the writ petitioner files such an application within a period of two weeks from now. It is clarified that we have not expressed anything on the merits WPC5035/10 -: 3 :- of the case either in law or on facts. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/1203