Reji Kochunni vs Fathima

Pius C. Kuriakose, J.—This Original Petition is filed by the respondent in O.P.1102/10 of the Family Court, Malappuram seeking a direction to the Family Court, Malappuram to consider the preliminary objection regarding the maintainability of O.P.1102/10 as a preliminary issue and to take an early decision on the above issue. According to the petitioner Ext.P4 O.P is not maintainable in law as there is no matrimonial relationship between the petitioner in the O.P. and the petitioner herein who are respectively the petitioner and the first respondent in O.P. No. 1102/10. In short the contention is that Ext.P4 OP does not come within the ambit of Section 7(1)(a) to (g) of the Family Courts'' Act and hence, Ext.P4 O.P is not maintainable. It appears to us that this is a case where the issue as to the maintainability of Ext.P4 should be taken up by the learned Judge of the Family Court as a preliminary issue. Even though direct service of notice of this OP was attempted on the first respondent the same could not be effected and accordingly the first respondent was served through her counsel in the court below. The respondent has not yet entered appearance before this Court for resisting this OP. We therefore, dispose of the OP straight away directing the learned Judge of the Family Court Malappuram to raise a preliminary issue in Ext.P4 regarding the maintainability of Ext.P4, hear parties and to take an early decision on that preliminary issue. At any rate decision on the preliminary issue shall be taken by the learned Judge within one month of receiving a copy of this judgment.