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 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 16039 of 2008(S) -------------------------- OP.230/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- K.P.ANTONY, AGED 55 YEARS, KARIKKAMURI VEEDU, KUMARANASAN NAGAR, KOCHI-682 017. BY ADV. SRI.S.VIDYASAGAR SRI.NIRMAL.C.PATHADAN RESPONDENT(S): --------------- 1. LILLY MARIAM ABRAHAM, D/O.ABRAHAM, 25 YEARS, KALARIKKAL VEEDU, PUTHUPPALLY P.O., ERIKADKARA, PUTHUPALLY VILLAGE, KOTTAYAM DISTRICT. 2. ANIL K.ANTONY, S/O.K.P.ANTONY, 34 YEARS, KARIKKAMURI ROAD, KUMARANASAN NAGAR, KOCHI-682 017. ADV. SRI.SUNIL CYRIAC FOR R1 SRI.V.HARI KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.16039/08 APPENDIX EXT.P1-TRUE COPY OF AGREEMENT DATED 10.10.2006 BETWEEN THE FIRST AND SECOND RESPONDENT. EXT.P2-TRUE COPY OF THE JUDGMENT DATED 18.10.2006 IN O.P.NO.732/06 OF FAMILY COURT, ETTUMANNOOR. EXT.P3-TRUE COPY OF PETITION FILED UNDER SECTION 10 A OF INDIAN DIVORCE ACT BY 1ST AND 2ND RESPONDENT. EXT.P4-TRUE COPY OF O.P.NO.230/08 OF FAMILY COURT, ETTUMANNOOR FILED BY 1ST RESPONDENT. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.16039/2008-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of November, 2008. J U D G M E N T Raman, J. The prayer made in this writ petition is to quash Ext.P4 which is a petition filed before the Family Court as O.P.No.230/2008. If the petition is not maintainable on any ground, it is always open to the petitioner to raise such contentions before the Family Court in which event the Family Court will consider and dispose of the same in accordance with law. But this Court will not entertain a writ petition under Article 226 of the Constitution of India to quash Ext.P4 petition, filed by the first respondent before the Family Court, Kottayam, and predetermine the issues. It is too premature to be entertained. Writ petition is dismissed without prejudice to the right of the petitioner to raise the same before the family court. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms