Kurian Joseph, J.

Whether paternity of a child is an issue to be considered by the Family Court under Section 7(1)(e) of the Family Court Act, 1984, without a matrimonial cause, is the question to be considered in this case.

2. The first respondent before the Family Court, Ernakulam, in O.P.No.1234/2005 is the petitioner herein. The relief claimed by the first respondent herein before the Family Court reads as follows:-

"Therefore, it is humbly prayed that this Hon'ble Court be pleased to declare that Bharat Kumar K. Palicha (the 1st respondent) is the father of Bhagat Kumar B., aged 3 years (2nd petitioner) delivered by Selma Mini (1st petitioner) on 9th day of August 2002 at Lakshmi Hospital, Dewans Road, Ernakulam."

The second respondent is the husband of the first respondent at the relevant time. According to the first respondent she had developed extra marital relationship with the petitioner and that the child Bhagat Kumar is born in that relationship. Hence the petition for declaration that the petitioner herein is the father of the said child. The contention of the petitioner is that such a petition for deciding the paternity of a person is not maintainable before t