IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28365 of 2009(R) -------------------------- AGAINST THE ORDER IN IA.1936/2009 IN OP.994/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: --------------- ARJUN KRISHNNA K.,S/O.T.K.JAYARAJ, AGED 34 YEARS,SREE SAKTHI NAGAR, KORATTUR,CHENNAI, BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT: --------------- S.SNISHA,D/O.SARADA SASI, QUARTERS NO.2254,SECTOR 4A,STREET 5, BOKARO STEEL CITY,JHARKHAND-827 004. (PRESENT ADDRESS:823/A,27TH MAIN, 2ND STAGE,IST PHASE,BTM LAY OUT, NEAR VINAYAKA TEMPLE,BANGALORE 560 076) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P. (C)NO.28365 OF 2009 ============================ DATED THIS THE 9TH DAY OF OCTOBER 2009 JUDGMENT Basant,J. The petitioner has come to this Court with the grievance that an ex parte order of injunction, Ext.P5, passed by the Family Court, Thiruvananthapuram is causing him great difficulties. That interim order has been passed in I.A.No.1936/2009. 2. The petitioner and the respondent herein were husband and wife. The petitioner filed an application for divorce and Ext.P1 ex parte order for divorce was passed in favour of the petitioner by the Family Court on 8-4-2009. The wife has filed an application to set aside the ex parte order. That petition is pending. There is an application for condonation of delay also. Thereafter, another O.P.No.994/2009 has been filed by the respondent for an order of injunction to restrain the petitioner herein from contracting a second marriage. It is in that petition WPC.28365/09 -2- that Ext.P5 interim order has been passed. Ext.P5 order restrains the petitioner “from committing breach of marital obligations and to contract a second marriage until further orders.” 3. The petitioner claims to be aggrieved by the impugned ex parte order. He has already appeared before the Family Court to vacate the said order. According to him, he has after securing the order of divorce, contracted a marriage with one Radhika on 7-9-2009. The respondent had alleged that the marriage to the petitioner was scheduled to take place on 22-10-2009 at Sreekrishna Temple, Guruvayur. 4. According to the petitioner, a function is proposed to take place on 25-10-2009 at Sreekrishna Temple, Guruvayur. But that is not a function of marriage. It is only to signify the marriage already celebrated that such a function is proposed to be conducted. It is in these circumstances that the petitioner wants this Court to invoke the extra ordinary constitutional jurisdiction under Articles 226 and 227 of the Constitution of India to interfere with Ext.P5 order. WPC.28365/09 -3- We do not intend to express any opinion on the merits of Ext.P5. We are certainly satisfied that it is not necessary to invoke the extra ordinary constitutional jurisdiction under Article 226/227 of the Constitution of India. It shall be open to the petitioner to move the Family Court to vacate Ext.P5 order. It is submitted that there is no incumbent occupying the office of the Family Court, Thiruvananthapuram now as the learned Judge has already been transferred and has handed over charge. We need only observe that the petitioner shall be at liberty to move the Judge in-charge of that court and seek appropriate orders expeditiously in I.A.No.1936/2009. An application for advancement and for early disposal can be filed by the petitioner before the Family Court and the Presiding Officer in-charge shall pass appropriate orders. Ext.P7 application has already been filed, it is submitted. We need only observe that the Family Court (or the Judge in charge of the Family Court) must pass appropriate orders as expeditiously as possible, at any rate before 25-10-2009. WPC.28365/09 -4- 5. Handover copy of this judgment to the learned counsel for the petitioner. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.