IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28252 of 2008(S) -------------------------- HMAOP.40/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER: (PARTY IN PERSON) ----------------- SIYAM.P.ASHRAF, AGED 24 YEARS, S/O.P.K.ASHRAF, PUTHEN VEETTIL HOUSE,VELANILAM.PO, MUNDAKKAYAM, KOTTAYAM DISTRICT. BY ADV. SRI.SIYAM P. ASHRAF(PARTY IN PERSON) RESPONDENT: ----------------------- RAJASREE POWAR @ RAJASREE SIYAM, AGED 20 YEARS, RAJASREE BHAVAN HOUSE, OPP.GALAXY THEATRE, K.K.ROAD, MUNDAKKAYAM.P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 28252 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF SEPTEMBER, 2008. J U D G M E N T Raman, J. The prayers made in this writ petition are as follows: i. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the family court not to allow the respondent to contest the case in the absence of personal appearance and counselling of the respondent; ii. Issue a writ of mandamus or any other writ, order or direction, directing the Family Court to ensure the personal appearance of the respondent before the Family Court if they contest the case. and iii. Issue such other reliefs this Hon'ble court may deem fit and proper in the facts and circumstances of the case. 2. Earlier, the respondent filed W.P.(C) 13188/2008 seeking for a direction to the Family Court and to declare the right of the petitioner therein that she is entitled to be represented by a lawyer without insisting her personal appearance. This Court, in Ext.P9 judgment rendered in the WP(C) 28252/2008 :2: said writ petition, referred to the interim order passed in the said writ petition permitting the respondent herein (Petitioner in WP(C) 13188/2008) to appear before the Family court through counsel and enable her to raise all the contentions. Therefore, the final order was passed confirming the interim order. The present writ petition filed and the reliefs sought for are contrary to the directions issued by this Court in Ext.P9 judgment. Petitioner herein was the respondent in the writ petition in which Ext.P9 judgment was rendered and the same is binding on him. In the circumstances, the this writ petition is not maintainable in law. Dismissed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-