IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 28792 of 2007(S) -------------------------- OP.208/2004 of FAMILY COURT, ERNAKULAM .................... PETITIONER: ------------------ K.VISWANATHAN, S/O. KOCHAPPY, AGED 60 YEARS, TRIVENI COTTAGE, KALLUPALAM ROAD, ANGAMALY. BY ADV.DR.SEBASTIAN CHAMPAPPILLY SRI.C.P.PEETHAMBARAN SMT.ANNIE GEORGE SMT.RINTA GEORGE RESPONDENTS: ---------------------- 1. B.CHANDRIKA, D/O. CHELLAPPAN, AGED 51 YEARS, TRIVENI COTTAGE, KALLUPALAM ROAD, ANGAMALY. 2. VIJITHA, AGED 33 YEARS, D/O. K.VISWANATHAN, TRIVENI COTTAGE, KALLUPALAM ROAD, ANGAMALY. ADV. SMT.NAINA RAJI NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.28792/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DTD. 2/7/05 OF THE FAMILY COURT, ERNAKULAM IN O,.P.NO.344/02. EXT.P2 TRUE COPY OF THE ORDERDTD. 15/6/07 IN IA.6923/07 IN W.P.(C)10675/07 OF THIS COURT. EXT.P3 TRUE COPY OF THE IA.1784/07 IN OP.NO.344/01 DTD. 25/4/07 OF THE FAMILY COURT, ERNAKULAM. EXT.P4 TRUE COPY OF THE OBJECTION IN IA.NO.1784/07; IN OP.NO.208/04 OF THE FAMILY COURT, ERNAKULAM. EXT.P5 TRUE COPY OF THE ORDER DTD. 10/8/2007 IN OP.208/04 OF THE FAMILY COURT, ERNAKULAM MARKING THE PHOTOGRAPHS. EXT.P6 TRUE COPY OF THE IA.3609/07 IN OP.208/04 OF THE FAMILY COURT, ERNAKULAM WITH WRONG ADDRESS OF THE PETITIONER DTD. 12/8/2007. EXT.P7 TRUE COPY OF THE ELECTION ID CARD SHOWING THE CORRECT ADDRESS OF THE PETITIONER. EXT.P8 TRUE COPY OF THE BUYILDING TAX RECEIPT IN FAVOUR OF THE PETITIONER FOR HIS ANGAMALY RESIDENCE DTD. 5/12/2006. EXT.P9 TRUE COPY OF THE SERVICE CERTIFICATE DATED 2/9/05 SHOWING HIS RESIGNATION FROM THE SERVICE. EXT.P10 TRUE COPY OF THE MEDICAL CERTIFICATE SHOWING THE ILL-HEALTH OF THE PETITIONER DETD. 16/10/04. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.28792 OF 2007 -------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Raman,J. Petitioner is the husband of the lst respondent and 2nd respondent is the daughter of the petitioner. There are certain matrimonial disputes between the husband and wife. Petition for restitution of conjugal right filed by the petitioner herein is already pending before the Family Court, Ernakulam. Thereafter, some settlement was reached and they started living together. O.P.No.208/04 was filed by the wife claiming maintenance before the Family Court. The main case is still pending. In the course of evidence an I.A. was filed by the respondent alleged to be in a wrong address without correcting the address as stated to have been directed by this Court in an earlier proceeding. Certain photographs were also produced which were marked in the case against which objections were raised by the petitioner herein. The ,, -2- WP(C).No.28792/2007 main relief sought for is for a direction to correct the address. So long as the matter is pending before the Family Court, the extraordinary jurisdiction of this Court shall not be exercised interdicting further proceedings of the Family Court at an interim stage. If at all there is any grievance for the petitioner, it is always open to him to seek redressal of his grievance after the culmination of the proceedings. In the view we are taking, we are not inclined to exercise the discretionary remedy conferred under Article 226 of the Constitution of India at this stage. Subject to the above this writ petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.