NASEEM K.E Vs. K. KADHER NAZEER

JUDGEMENT

(1.) The above Original Petition is preferred being aggrieved by Ext.P3 order passed by Family Court, Ernakulam. The Family Court rejected the challenges raised by the petitioner as regards the maintainability of the Original Petition.

(2.) Short facts are as under:

(3.) The 2nd respondent/petitioner contested the proceedings and in his written statement raised two contentions. He contended that the relief claimed to be one for declaration of title, and that the petition should have been valued under Sec. 25 of the Court Fees Act. He also raised an issue as to the very maintainability of the petition contending that the Family Court would have no jurisdiction to entertain the petition as the 2nd respondent/petitioner is a total stranger to the marital relationship between the original petitioner and the 1st respondent wife. He preferred I.A. No.1/2023 seeking to consider the maintainability issue of the petition as a preliminary issue.