IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 13374 of 2009(R) -------------------------- {O.P.NO.86/2009 OF FAMILY COURT, KOTTAYAM} .................... PETITIONER(S): --------------- K.M. ASHARAF, AGED 40 YEARS, S/O. MARAKKAR, KANJIRATHINGAL HOUSE, PIPELINE ROAD, ALUVA-6. BY ADV. SRI.M.K.ABOOBACKER RESPONDENT(S): --------------- RAMEEEM K. UMMER, AGED 36 YEARS, D/O. UMMAR ALI RAWTHER, KANJIRAM KALAYIL VEEDU, ETTUMANOOR.P.O, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI & C.K.ABDUL REHIM, JJ. -------------------------------------------- W.P.(C).NO.13374 of 2009 R --------------------------------------------- Dated this the 8th day of May, 2009. JUDGMENT C.K.ABDUL REHIM, J. This writ petition is filed seeking to quash an original petition filed before the Family Court, Kottayam, by the respondent against the petitioner. According to the petitioner, the said petition, Ext.P5, is not maintainable before that court, since the issue involved therein is already decided in other judgments, Exts.P2 and P4. The plea is that the issue involved in Ext.P5 is barred by the principles of res judicata. Ext.P5 petition is in the nature of a civil suit and only because the parties were husband and wife, the jurisdiction is vested with the Family Court. If the petition is barred by the principles of res judicata, the same can be agitated before that court, raising the maintainability question as a preliminary issue. 2. We are not inclined to entertain this writ petition and to decide the question whether Ext.P5 is maintainable or not. Counsel for the petitioner submits that he may be permitted to raise the issue before the Family Court and also seeks a direction W.P.(C).NO.13374of 2009 :: 2 :: from this court to have a disposal of the issue, if raised as a preliminary question, at the earliest. Under the above circumstances, the writ petition is disposed of permitting the petitioner to approach the Family Court, Kottayam raising the question of maintainability of Ext.P5 as a preliminary issue. It is needless to say that, if any such petition is received, the Family Court, Kottayam will consider the same and dispose of the same, at the earliest, before proceeding with trial of the case. The disposal of the petition, as stated above, may be done as early as possible, at any rate, within a period of three months from the date of receipt of such petition. Sd/- (V.GIRI) JUDGE Sd/- (C.K.ABDUL REHIM) JUDGE sk/ //true copy// P.S. to Judge