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Judgment
K.T. Sankaran, J.—The Petitioners have raised a contention in this Original Petition that the Family Court, Kozhikode has no jurisdiction to pass any order in E.P. No. 1 of 2011 pending before it. It is stated that E.P. No. 1 of 2011 is filed to execute the order in O.P. No. 841 of 2007 on the file of the Family Court, Malappuram.
The learned Counsel for the Petitioners submitted that Section 10 of the Family Courts Act, 1984 provides that the provisions of the CPC shall apply to suits and proceedings pending before the Family Court. It is submitted that the decree was not transferred to the Family Court in accordance with law and therefore, the Family Court, Kozhikode has no jurisdiction at all to deal with the Execution Petition.
The Petitioners have not raised such a contention of lack of jurisdiction before the Family Court, Kozhikode. The Family Court, Kozhikode did not get an opportunity to decide that question. Before that, we do not think the Petitioners should be permitted to raise such a contention for the first time in an Original Petition filed only for deciding that question. Reserving the right of the Petitioners to raise the question of lack of jurisdiction before the Family Court, Kozhikode, the Original Petition is dismissed.