LAWS(SC)-2025-1-113

IVAN RATHINAM Vs. MILAN JOSEPH

Decided On January 28, 2025
Ivan Rathinam Appellant
V/S
Milan Joseph Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal impugns the judgment dtd. 21/5/2018 passed by a Single Judge of the Kerala High Court (Ernakulam) (High Court), upholding the Family Court's order dtd. 9/11/2015 reviving a maintenance petition on the following grounds: (i) paternity and legitimacy are independent concepts in law; (ii) the Civil Courts did not have jurisdiction to entertain the original suit; and (iii) since only the Family Court can determine maintenance and legitimacy, the Family Court could proceed to determine paternity as incidental to the maintenance proceedings.

(3.) Since the instant appeal arises out of a long-drawn saga, during which multiple rounds of litigation occurred inter-se the parties before various fora, including this Court, it is necessary to narrate the factual events before delving into the legal issues raised before us.