LOVELY ELIZABETH SIMON Vs. ANIL KOSHY

JUDGEMENT

(1.) In the above Matrimonial Appeal instituted under Section 19 of the Family Courts Act, the challenge is against an order passed by the Family Court, Ernakulam in I.A. 2846 (a)/2017 in O.P. No.1845/2014 dated 21-06-2018 and the consequential judgment passed in O.P. No.1845/2014 on the same day, returning the original petition for presentation before proper court.

(2.) The appellant herein is the petitioner in O.P. No.1845/2014 before the Family Court, which is instituted against the respondents herein seeking the following reliefs;

(3.) I.A. No.2846(a)/2017 was filed by the respondents in original petition, under Order XIV Rule 2 of Code of Civil Procedure seeking to consider the question of jurisdiction as a preliminary issue. Through the impugned order passed by the Family Court on 21-06-2018, it was found that in view of relief 'D' extracted above, the Family Court at Ernakulam has no jurisdiction to entertain the original petition, especially in view of the dictum contained in the decision of this court in Shihabudeen V. Seenath, 2013 1 KerLT 745 = 2013 1 KHC 738 = ). Based on the finding that the Family Court at Ernakulam is not having jurisdiction, the court below passed judgment in O.P. No.1845/2014 returning the suit (original petition) for presentation before the proper court. It is aggrieved by the said orders, the above appeal is filed.