RENUKA KUMARI Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This Mat. Appeal preferred at the instance of the petitioner in O.P.No.18 of 2018 before the Family Court, Thiruvananthapuram, impugns the order dtd. 8/12/2025 in I.A.No.4 of 2025 in O.P.No.18 of 2018. The brief facts necessary for the disposal of this Mat. Appeal are as follows:

(2.) It would appear that initially, the respondents were set ex-parte. However, immediately after the affidavit-in-chief was filed by the appellant, the respondents appeared before the court and filed an application for setting aside the order that set them ex-parte. In the said application filed under Order IX Rule 7 of the CPC, the respondents also challenged the maintainability of the Original Petition itself, contending that the provisions of Sec. 7(1) of the Family Courts Act, 1984 would not come to the rescue of the appellant herein and that the court below ought to return the Original Petition to the appellant for presentation before the civil court of competent jurisdiction.

(3.) The court below, after hearing the parties, found force in the contention of the respondents herein and allowed their application and directed return of the Original Petition to the appellant for presentation before the civil court having jurisdiction. As already noticed, it is being aggrieved by the said order that the appellant is before us through this Mat. Appeal.