Bhaskaran, J.

This appeal is filed by the petitioner before the Family Court, Thiruvalla. The petition was filed by Suprabha through her next friend for realization of Rs.9,55,160/- being the value of the gold ornaments, cash paid and other movables given at the time of marriage of Suprabha with Santhosh. The respondents before the Family Court are the parents of Santhosh as Santhosh committed suicide subsequent to the marriage. There is also a child born in the wedlock. The case of the appellant is that Suprabha was mentally and physically tortured in the house of the respondents and she became a mental patient. The ornaments belong to her and the child were taken by respondents and not returned to her. The Family Court returned the petition stating that one of the parties to the marriage is no more and hence the petition is not maintainable before the Family Court.

2. In this appeal, the appellant challenges the finding of the Family Court that the petition is not maintainable before the Family Court. The petition is filed under Rule 3 of the Family Courts (Kerala) Rules, 1989, and S.26 and Order VII Rule 1 of the Code of Civil Procedure.

3. The question for consideratio