DOMINIC Vs. FAMILY COURT

JUDGEMENT

(1.) These two Original Petitions arise from an order passed by the Family Court, Thrissur, in I.A. No. 1790 of 2001 in O.P. No. 631 of 2001, by which the petitioners in both the Original Petitions were restrained from proceeding with M.T. No.18 of 2000, a proceeding initiated by the petitioner in O.P. No. 9443 of 2002 before the Eparchial Tribunal for an order of divorce. O.P. No. 631 of 2001 was filed before the Family Court, Thrissur, by the wife who is the second respondent in both the O.Ps. for an injunction against the petitioners in these two Original Petitions restraining them from proceeding with an action initiated by the petitioner in O.P. No. 9443 of 2002 before the Eparchial Tribunal for divorce. In that O.P. the second respondent filed I.A. No. 1790 of 2001 under O.XXXIX rule I C.P.C. for an order of temporary injunction to restrain the petitioners from proceeding with the matter in M.T. No. 18 of 2000. The Family Court assuming that it has got jurisdiction to restrain the petitioners allowed the application. The husband, the first respondent in I.A. No.1790 of 2001 in O.P. No. 631 of 2001 has filed O.P. No.9443 of 2002 and the Judicial Vicar and Arch Bishop, Thrichur, who are respondents 2 and 3 in that I.A. have filed O.P. No. 6620 of 2002.

(2.) The only question arising for consideration in these Original Petitions is whether the Family Court has got jurisdiction to pass an order of injunction restraining the parties from prosecuting a proceeding before the Eparchial Tribunal.

(3.) The learned counsel appearing for the second respondent wife has vehemently argued that the husband had filed a petition for divorce before the Family Court and that application was dismissed. Thereafter he had approached the Eparchial Tribunal for divorce. It is argued that in view of the provisions contained in the Explanation to S.7(1) of the Family Courts Act, 1984, the Tribunal is having power to pass an order of injunction. Sub-s. (d) to the Explanation of S.7 only provides that the Tribunal is having jurisdiction to entertain a suit or other proceeding for an order of injunction arising out of a marital relationship. In view of the provisions contained a suit arising out of marital relationship is maintainable. But that does not mean that the Family Court has got jurisdiction to pass an order of this nature and that too, against respondents 2 and 3 who are not parties to the main proceeding but impleaded in a petition for injunction alone. The grievance of the second respondent is that if the petitioner in O.P. No. 9443 of 2002 obtains an order from the Tribunal it will have social impact.