IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 23712 of 2008(S) -------------------------- OP.983/2006 of FAMILY COURT,THIRUVANANTHAPURAM .................... PETITIONER(S): --------------- MANJU PRABHA PRASAD PILLAI, RESIDING AT 2A HEERA VELL MOUNT PALACE, KOWDIAR, TRIVANDRUM, HAVING U.S ADDRESS 3160, CANVON OAKS TERRACE CHICO, CALIFORNIA - 95928, U.S.A. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENTS(S): ---------------- 1. VIJAYAMBIKA, AISHWARYA G3, JAWAHAR NAGAR, KOWDIAR.P.O, THIRUVANANTHAPURAM. 2. ANUPAMA R. PILLAI, AISWARYA G3, JAWAHAR NAGAR, KOWDIAR.P.O, THIRUVANANTHAPURAM. 3. AISWARYA, AISWARYA G3, JAWAHAR NAGAR, KOWDIAR.P.O, THIRUVANANTHAPURAM. ADV. SRI.M.R.ANANDAKUTTAN FOR R1-2 SMT.M.HEMALATHA FOR R1-2 SRI.R.S.MADHU FOR R1-2 SRI.MAHESH ANANDAKUTTAN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23712 of 2008(S) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 11/3/1986 AND TYPED COPY EXT.P2 TRUE COPY OF THE AFFIDAVIT AND PETITION IN OP NO.983/2006 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM DATED 12/10/2006 EXT.P3 TRUE COPY OF THE IMPLEADING APPLICATION FILED BY THE PETITIONER IN I.A.NO.3953/2006 DATED 20/12/2006 EXT.P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.10928/2008 DATED 8/4/2008 EXT.P5 TRUE COPY OF THE ATTACHMENT APPLICATION DATED 12/10/2006. \\TRUE COPY// P.A.TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23712 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2008. JUDGMENT Raman, J. The writ petition is filed by one Manju Prabha Prasad Pillai seeking to issue orders directing the Family Court, Thiruvananthapuram to take back I.A.No.3953/2006 in O.P.No.983/2006, to treat the same as a counter claim petition and to adjudicate it de-novo within a time limit prescribed by this court. 2. The petitioner had approached this court earlier by filing Writ Petition No.10928/2008 for an early disposal of O.P.No.983/2006 and this court having found that there is no likelihood of settlement, directed the Family Court to dispose of the matter expeditiously. However, subsequently the respondent herein sought to withdraw O.P.No.983/2006 which was one filed for maintenance against the husband. The petitioner admittedly claims to be the first wife whereas O.P.No.983/2006 is filed for maintenance against the husband. According to the petitioner, the Family Court dismissed the original petition, since it was withdrawn by the respondent herein. The petitioner wants to reopen that WPC 23712/2008 -2- case. We do not find that any of the right of the petitioner is affected by the withdrawal of O.P.No.983/2006. If the petitioner has got any surviving grievance, he can file a fresh petition before the Family Court and the dismissal of O.P.No.983/2006 will not stand in the way of considering such matter on merits. The writ petition is disposed of as above. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/