ISSAC E.A. Vs. BINDHU THOMAS

JUDGEMENT

(1.) THIS original petition is filed by the petitioner, who is the respondent in OP (G&W) No. 19/2015 before the Family Court, Ernakulam, under Article 227 of the Constitution of India seeking the following reliefs:

(2.) THE main grievance in the petition is that though the petitioner had raised a preliminary issue regarding jurisdiction to entertain the original petition, that has not been considered by the Court below. It is seen from Ext. P12 order that this Court has already passed an order directing the Family Court to consider the question of jurisdiction, if any raised and dispose of the same on or before 30/04/2015 and according to the petitioner, it is on that basis Ext. P13 objection has been filed. But it will be seen from Order XIV Rule 2(2) that "where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to - -