K.J. VARGHESE Vs. MAGDALINE CLAUDIA

JUDGEMENT

(1.) The petitioners are the supplemental petitioners in O.P.(IDA)No.2177 of 2012 on the file of the Family Court, Ernakulam, which is one filed by their brother by name, Late K.J. Antony, against the respondent herein, his wife, seeking a decree to declare that the marriage solemnized between them is null and void. The petitioners have filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Family Court, Ernakulam to issue a certified copy of the order dtd. 8/2/2023 in I.A.No.1 of 2023 in O.P.(IDA)No.2177 of 2012 within a time frame to be fixed by this Court; and to stay the proceedings in O.P.(IDA)No.2177 of 2012 till a copy of the order dtd. 8/2/2023 is obtained by the petitioners. I.A.No.1 of 2023 is one filed by the petitioners directing the respondent herein to subject herself before the Medical Board for assessing her physical and mental condition. In that interlocutory application, the respondent filed objection. The Family Court passed an order dtd. 8/2/2023, rejecting that interlocutory application. The petitioners are yet to be issued with a certified copy of that order. In the meantime, O.P.(IDA)No.2177 of 2012 is listed for final hearing on 24/2/2023.

(2.) Heard the learned counsel for the petitioners. Considering the nature of relief proposed to be granted, service of notice to the respondent is dispensed with.

(3.) The grievance of the petitioners is that, without issuing certified copy of the order dtd. 8/2/2023 in I.A.No.1 of 2023 in O.P.(IDA)No.2177 of 2012, the Family Court is proceeding with O.P.(IDA)No.2177 of 2012 and the matter is listed for final hearing on 24/2/2023. Unless and until the petitioners are issued with the certified copy of that order, they will not be in a position to challenge that order in appropriate proceedings.