Telangana High Court
WP/34609/2011 of K. Sri Rekha Vs The Honble Family Court, City Civil Courts, Secunderabad on 29 December 2011
THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.34609 OF 2011 DATED:29.12.2011 Between: Smt. K. Sri Rekha … Petitioner And The Hon’ble Family Court City Civil Courts, Secunderabad Rep. by its Hon’ble Family Judge
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THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKURANDTHE HON’BLE SHRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.34609 OF 2011
DATED:29.12.2011
Between:
Smt. K. Sri Rekha
… Petitioner
And
The Hon’ble Family CourtCity Civil Courts, SecunderabadRep. by its Hon’ble Family JudgeCity Civil Courts, Secunderabad and other … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKURAND
THE HON’BLE SHRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.34609 OF 2011
ORDER:(per the Hon’ble the Chief Justice Shri Madan B. Lokur)
The prayer made in this writ petition is for a direction to call for therecords of O.P. No.312 of 2009 on the file of the Family Court, atSecunderabad, and to declare “the same” as contrary to law andviolative of the Marriage Laws (Amendment) Act, 1999 read with otherprovisions of the Hindu Marriage Act, 1955 deleting the ailment ofepilepsy as a ground for granting divorce.
2. In sum and substance, the contention of the petitioner is that theproceedings initiated by her husband for declaring their marriage nulland void on the ground that the petitioner had epilepsy are notmaintainable.
3. The petitioner moved an application before the Family Courtunder Section 151 of the Code of Civil Procedure requesting the FamilyCourt to dismiss O.P. No.312 of 2009. That application was dismissedby a detailed order dt.30.7.2010. The Family Court has gone into theissue of the maintainability of the petition not only on the ground ofepilepsy but also on the ground that there is no concealment of amaterial fact at the time of marriage. Trial in the case has still to takeplace.
4. This writ petition under Article 226 of the Constitution of India iseffectively directed against the order passed by the Family Court on30.7.2010. It is now well settled that no writ petition under Article 226 ofthe Constitution is maintainable against an order passed by a judicialforum. That apart, learned counsel for the petitioner admits that there are other remedies available to have the order dt.30.7.2010 set aside.5. Under these circumstances, we are not inclined to entertain thiswrit petition.
6. The writ petition is accordingly dismissed. Miscellaneousapplication is also dismissed.
__________________MADAN B. LOKUR, CJ
29-12-2011bnr
_______________ SANJAY KUMAR, J