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 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 24760 of 2008(S) -------------------------- OPGW.197/2008 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): --------------- SEEMA, W/O. SUDHEER, AGED 35, SREEDHAR, KRISHNAKANANDI ROAD, PUTHUR, PALAKKAD. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------- 1. SUDHEER, S/O. SREEHDHARAN, AGED 39, ASWATHI, PALLIPURAM, PALAKKAD. NOW RESIDING AT BLOCK 3, A4, CEEBROS, MAYFAIR APARTMENTS, L.I.C COLONY, CHENNAI -19. 2. THE FAMILY COURT, PALAKKAD. ADV. SRI.K.MANOJ CHANDRAN FOR R1 SRI.P.R.AJITHKUMAR FOR R1 SRI.GEORGE JOHNSON FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24760/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE DIVORCE PETITION FILED BY THE PETITIONER BEFORE THE COURT BELOW. EXT.P2 TRUE COPY OF THE PETITION FILED UNDER G & W ACT BY THE HUSBAND-RESPONDENT. EXT.P3 TRUE COPY OF THE PETITION FILED BY THE HUSBAND FOR RESTITUTION OF CONJUGAL RIGHTS. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.24760 OF 2008 -------------------------------- Dated this the 3rd day of October, 2008 JUDGMENT Raman,J. The prayer made in the writ petition is to issue a writ of mandamus or other appropriate writ, order or direction directing the Family Court, Palakkad not to insist the production of minor child on 16/8/2008 and other posting days and also for a writ of mandamus directing the Family Court to issue certified copy of the order passed on 30/7/2008 in O.P.G&W No.197/2008 forthwith so as to enable the petitioner to challenge the same before the appropriate court. 2. Except the relief for issuing certified copy as sought for none of the relief could be granted, since the petitioner seeks to restrain the Family Court to exercise its jurisdiction in a family dispute now pending consideration. No order as such is passed. If any order is passed, it would have been open to the petitioner, if so -2- WP(C).No.24760/2008 aggrieved, to challenge the same. But to interdict the court below from passing any order assuming that a particular order is going to be passed is totally misconceived. In the circumstances, the only relief that could be granted by this Court is to direct the Family Court to issue certified copy of the order passed in O.P.G&W No.197/2008. The other reliefs are refused. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.