IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9104 of 2009(R) ------------------------- OP.790/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- KUNNATH YASAR ARAFATH, S/O.BEERAN, YAZIR MANZIL, ANJAPURA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT, THROUGH MOTHER AND POWER HOLDER SAKEENA. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- JABNA, D/O.ABOOBACKER, CHEKKUMARAKKARAKATH THARAMMAL HOUSE, JANATHA BAZAR, CHAKKARA MOOLA, P.O.NIRAMARATHUR, TIRUR, MALAPPURAM DISTRICT. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 9104 OF 2009 --------------------------------------------------------- Dated this the 20th day of March, 2009 JUDGMENT Basant, J. The petitioner has been set ex parte in three petitions pending before the Family Court, Malappuram. The petitioner had filed this application for setting aside the ex parte order in all the three petitions. That the petitioner has already been served notice in the said petitions is not disputed. He is employed abroad and service was effected on the representative of the petitioner in India. His mother entered appearance and sought permission to represent the petitioner. That request was allowed on terms. But even by the extended date fixed for appearance, the power of attorney was not produced. Though his mother sought time, that request was rejected. 2. The petitioner should have applied to get the ex parte order set aside. We find absolutely no reason to entertain this Writ Petition. The petitioner has an efficacious alternative remedy to get the ex parte order set aside, if the same has been passed without legal basis. W.P.(C)NO.9104/2009 2 3. The Writ Petition is accordingly dismissed. However, we make it clear that this dismissal will not in any way fetter the right of the petitioner to seek appropriate relief before the Family Court to get the ex parte order set aside. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.9104/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ. W.P.(C) NO.9104/2009 JUDGMENT 20th March, 2009 W.P.(C)NO.9104/2009 4