IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 OP (FC).No. 1673 of 2011(R) ------------------------------------- OP.47/2011 of FAMILY COURT, THALASSERY .................... PETITIONER (S): ----------------------- SREEDHARAN S/O.SANKARAN, CHRIYAPURAYIL HOUSE KURIYADI, P.O.CHORODE VATAKARA, KOZHIKODE DISTRICT PIN 673 106. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------ SREEJA A.V., D/O.PADANABHAN SREEPATHAM, PARIKKADVIL PO, DHARMADAM, THALASSERY, KANNUR DISTRICT PIN 670 106. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1673 of 2011-R ---------------------------------------------- Dated, this the 26th day of May, 2011 J U D G M E N T K.M.Joseph, J. The prayer in the original petition reads as under: “to issue a writ of mandamus and direct the Family Court, Thalassery to reject the Exhibit P4 petition holding it as an abuse of process of Court.” 2. Briefly put, the case of the petitioner is as follows: Petitioner filed Ext.P1 petition praying restitution of conjugal rights. Ext.P2 is the counter filed. The matter was decreed exparte vide Ext.P3. An Execution Petition was filed. In the meantime, the respondent has filed Ext.P4 which is a petition seeking dissolution of marriage. According to the petitioner, Ext.P4 is not maintainable. 3. We have already extracted the prayer in the original petition. We dispose of the original petition by directing that the petitioner may press his objection to maintainability of Ext.P4 before the Family Court. It is open for him to pray before the Family Court that the matter may be taken as a preliminary issue and it is for the Family Court, Thalassery to take a decision on the same. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS