NEETHU Vs. PRADEEP

JUDGEMENT

(1.) The petitioner, who is the wife of the first respondent but living estranged from him on account of severe matrimonial strife between them, is enraged that the latter made unsubstantiated allegations about her in an Original Petition filed by him before the learned Family Court, Kattappana, seeking divorce; and then published the same for the knowledge of her relatives, friends and even strangers.

(2.) The above said Original Petition filed by the first respondent was dismissed; and then, seeking damages for defamation, she filed O.P. (RM)No.79/2020 before the learned Family Court.

(3.) It transpires that the first respondent resisted the Original Petition above mentioned, inter alia, on the ground that it is not maintainable before the learned Family Court; and after hearing both sides, the said Court has entered a finding, underpinned on the declarations in Rarima R v. Rejulal K.V. and another [ILR 2023 (1) Ker.860], approving the contention of the first respondent against the maintainability of the Original Petition before it; thus returning it to be presented before the appropriate forum.