IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12080 of 2009(R) -------------------------- OP.1120/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- BOBBY PAULOSE, S/O.M.P. POULOSE, AGED 34 YEARS, MAROTTIKUDEY HOUSE, H. NO. PMC/VII/102-A, POOPPANI ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA, PIN 683542; NOW RESIDING IN CANADA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.P. POULOSE, S/O. M.P. POULOSE, AGED 60 YEARTS, MAROTTIKUDEY HOUSE, H. NO. PMC/VII/102-A, POOPPANI ROAD, PERUMBAVOOR, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. BY ADVS. DR.SEBASTIAN CHAMPAPPILLY SRI.M.P.RAJU SMT.ANNIE GEORGE RESPONDENT(S): --------------- RONIA MATHEW, D/O. T.M. MATHEW, AGED 29 YEARS, THEKKEKUNNEL HOUSE, NETAJI ROAD, NEAR MICROWAVE STATION, OPPOSITE YMCA ROAD, 1ST LEFT ROAD, 4TH HOUSE, ALUVA TAKUK, ERNAKULAM DISTRICT. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 12080 OF 2009 --------------------------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Basant, J. The petitioner faces two proceedings, both instituted by the respondent/wife. In one, declaration of nullity of marriage is claimed and in the other, dissolution of marriage is claimed separately. There was an order to consolidate these proceedings and conduct a joint trial. The trial has already commenced. A Commissioner was appointed and it appears that there is some dispute regarding the correctness of the procedure adopted by the Commissioner. 2. Be that as it may, the petitioner has now come running to this Court with this Writ Petition. What is his grievance? He contends that already courts in the United States have considered the very same question - nullity of marriage and dissolution. The prayer of nullity of marriage has been refused and the prayer for dissolution of marriage has been granted on a ground which is not available under the Indian law. The petitioner now wants a preliminary issue to be raised and decided as to whether the W.P.(C)NO. 12080/2009 2 Original Petitions are maintainable or not. That prayer was rejected by the Family Court primarily on the ground that the trial has already commenced. 3. We have considered the contentions raised by the counsel for the petitioner. We have perused the voluminous documents produced along with the Writ Petition. We feel that the petition must fail on the short ground that this contention was not raised and pressed earlier until the trial commenced. If the petitioner felt that the interests of justice demanded a decision of the preliminary issue, we fail to understand why the parties went to trial before such a decision was taken. The petitioner appears to have developed cold feet after the commencement of the trial and we do not, in the circumstances, find any reason to invoke the extra ordinary jurisdiction under Article 227 of the Constitution of India to interrupt a trial which has already commenced for the reason that the preliminary issue has not been raised and decided. The petitioner had participated in the trial to a certain extent and his request to set the clock back cannot be entertained invoking the jurisdiction under Article 227 of the Constitution of India. We might, however, hasten to observe that we have no intention to express any opinion on the merits of the contentions raised. The question whether the Original Petitions are maintainable in the light of the earlier decision of a foreign court W.P.(C)NO. 12080/2009 3 will of course have to be answered by the Family Court while disposing of the Original Petitions finally. 4. This Writ Petition is accordingly dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 12080/2009 4 R. BASANT & C.T. RAVIKUMAR, JJ. W.P.(C)NO.12080/2009 JUDGMENT 8th April, 2009