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2009 Supreme(Ker) 84

P.R.RAMAN, C.T.RAVIKUMAR
Syamaladevi – Appellant
Versus
Sarala Devi – Respondent


Advocates Appeared:
For the Petitioner:Govind K. Bharathan, (SR.) Adovactes. For the Respondents:M.R. Rajesh, Advocate.

Judgment :

Raman, J.

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 therefore, this Court directed the Family court to decide the question of jurisdiction as a preliminary issue. It is thereafter that the resent order was passed holding that the Family Court has jurisdiction under Section 7 of the Family Court Act and also territorial jurisdiction and that the particular 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:

The petitioner herein is a respondent in O.P. 2348/2005 instituted by respondent s 1 and 2 herein for a declaration tha
























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