NUSRINE HUSSAIN Vs. SULEKHA A.S.

JUDGEMENT

(1.) IN this original petition under Article 227 of the Constitution the petitioner challenges Ext. P5 order of attachment before judgment passed by the Family Court in respect of immovable property which according to the petitioner belongs to her absolutely. Sri. R.S. Kalkura, learned counsel for the petitioner would raise a preliminary point. According to him there is no relationship by marriage between the petitioner and the first respondent and hence maintenance O.P. is not maintainable in law to the extent it pertains to the petitioner. In this context the learned counsel referred to clauses (a) to (g) of S. 7(1) of the Family Court Act. We have carefully read the allegations in Ext. P1 original petition. We do not think that the correctness of those allegations can be decided straight away, and it can be held that the original petition is not maintainable against the petitioner. The matter requires evidence. We will therefore proceed to examine Ext. P5. The only question that we are called upon to decide is whether Ext. P5 is liable to be corrected by this Court under its supervisory jurisdiction under Article 227 of the Constitution. We have gone through Ext. P5 in detail. We find that under Ext. P5 the Family Court has ordered attachment before judgment in respect of an item of immovable property which according to the petitioner belongs absolutely to the petitioner. Having gone through Ext. P5 we are convinced that Ext. P5 is not an order liable to be corrected by this Court, in this visitorial jurisdiction under Article 227, we decline jurisdiction and dismiss the original petition. However, we make it clear that if the petitioner furnishes security to the satisfaction of the Family Court, Kollam for the claim in the original petition the attachment ordered in Ext. P5 will stand lifted. If the Family Court is satisfied that the property under attachment itself will be sufficient security for the claim, it is open to the Family Court to receive that property - the original title document of the property and relative documents such as certificate showing that the property is free from encumbrances during the requisite period - as security.