REMYA UNNIKRISHNAN Vs. RAJEESH

JUDGEMENT

(1.) In this original petition filed under Article 227 of the Constitution of India, the petitioner is seeking to quash Ext.P3 order passed by the Family Court, Alappuzha in I.A.No.104/2018 in O.P.No.568/2016.

(2.) The respondent herein had filed O.P.No.568/2016 before the Family Court seeking for dissolution of the marriage existing between the parties herein, under provisions of the Special Marriage Act. The said original petition was dismissed by the Family Court on 201.2018, through Ext.P2 judgment. Evidently, the original petition was dismissed as not pressed based on a submission made by the respondent herein, that he is intending to file another case seeking for restitution of conjugal rights. But, after dismissal of the original petition, on the same day itself, the respondent herein filed I.A.No.104/2018. The Family Court passed the impugned order (Ext.P3) on 17/03/2018 issuing bailable warrant to the petitioner herein. The order reads as follows:

(3.) Main contention of the petitioner herein is that, the interim application was not maintainable before the Family Court, after dismissal of the original petition. The order issuing bailable warrant against the petitioner herein, is absolutely without jurisdiction and is illegal and improper, is the contention.