(1.) PIUS C.Kuriakose,J This original petition under Article 227 of the Constitution has been filed by the petitioner who is the respondent in Ext.P1 Original Petition filed by the respondent herein. Ext.P1 Original Petition is filed by the respondent seeking the following reliefs;
(2.) ACCORDING to Sri.Thomas Chazhukkaran learned counsel for the petitioner, Ext.P1 original petition should not have been entertained by the Family Court at all. The first prayer in Ext.P1 petition virtually seeks a declaration to the effect that the respondent is the illegitimate child born to the petitioner herein. The learned counsel would place strong reliance on the judgment of the Supreme Court Renubala Moharana v. Mina Mohanty (2004-LAWS(SC) 3-96) and submit that it has been clearly laid down by the Supreme Court in the above decision that a declaratory relief regarding the illegitimacy of a child cannot be granted. Mr.Chazhukkaran also placed reliance on the decision of this court in Bharat Kumar v. Selma Mini (2007 (1) KLT 945), wherein it has been laid down that the Family Court cannot entertain any proceedings for declaration as to the legitimacy of any person without any claim on marital relationship. Therefore, it is the argument of the learned counsel that Ext.P1 be struck off from the files of the Family Court, Thrissur straight away.