SYAMALADEVI Vs. SARALADEVI

JUDGEMENT

(1.) This writ petition arises out of an order passed by the Family Court deciding the jurisdictional issue as a preliminary issue as directed by this Court in an earlier proceeding - W.P.(C) 17711/2006. The above said writ petition was filed against an order granting an interim relief of injunction restraining the petitioner herein from receiving the pensionary benefits due to deceased Bhaskara Pillai who is alleged to be the husband of the petitioner. Though question of jurisdiction as such was not raised at that time, such a contention was raised in the writ petition and therefor, this Court directed the Family court to decide the question of jurisdiction as a preliminary issue. It is thereafter that the present order was passed holding that the Family Court has jurisdiction under Section 7 of the Family Court Act and also territorial jurisdiction under Section 7 of the Family court has got territorial jurisdiction to entertain the matter.

(2.) The essential facts relevant for the purpose of disposal of this writ petition can be stated as follows:

(3.) The main question thus remains to be resolved in this proceeding is as to whether the Family Court has got jurisdiction having due regard to the nature of the dispute between the parties and the relief claimed in the petition.