ACHAMMA MATHEWS Vs. ABRAHAM RAJAN MATHEWS

JUDGEMENT

(1.) THIS original petition has been filed by the respondent in O.P.No.1826/2012 on the file of the Family Court, Ernakulam. Pleadings in the Original Petition are to the effect that the petitioner and the respondent are both Canadian citizens and are residents of that country. It is stated that they got married on 08.03.2009 which also was in Canada.

(2.) IT is also alleged that for various reasons, the relationship got strained and the petitioner has applied to Superior Court of Justice, Family Court Branch, Ontario for dissolution of marriage. A copy of the petition is Ext.P5, in this Original Petition. According to the petitioner, during the pendency of Ext.P5 where the respondent has also entered appearance, suppressing the said facts, the respondent has filed O.P.No.1826/2012 before the Family Court, Ernakulam and the case now stands posted to 04.06.2013 for the appearance of the petitioner.

(3.) HAVING heard the learned counsel for the petitioner, we are inclined to think that if the petitioner has a contention that the O.P. pending before the Family Court is not maintainable for any reason, it is for her to raise the same before the Family Court itself and it is for the Family Court to decide the issue as a preliminary issue. Such a course of action has not been adopted in this case. Therefore, we are of the view that the Original Petition now filed challenging the maintainability of the O.P. before the Family Court is premature and the petitioner should raise the issue before the Family Court.