(1.) The 1st petitioner is the husband of the respondent herein and this O.P(FC) was filed, challenging the order passed in I.A.No. 4659/2019 in O.P.No.900/2014 on the files of the Family Court, Ernakulam.
(2.) O.P.(FC) No.900/2014 was filed by the respondent/wife, seeking a decree for realisation of money and gold ornaments from the 1st petitioner/husband. The aforesaid I.A.No. 4659/2019 was filed, under Order 14 Rule 2 of the Code of Civil Procedure (CPC), to frame preliminary issues in respect of res judicata and estoppel and to decide the same prior to regular trial and to dismiss the original petition before trial, as not maintainable. The averments in the said interlocutory application are as follows:
(3.) The marriage between the 1st petitioner and the respondent was solomnised on 18.11.2001, in accordance with law and two children were born out of the said wedlock. While so, the marital relationship has become strained and they began to live separately.