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1997 Supreme(Ker) 114

P.K.BALASUBRAMANYAN
Shyni – Appellant
Versus
George – Respondent


Advocates:
M/s. K. T. Sankaran, John S. Ralph, T. D. Robin, Preethy Karunakaran, C. Raman and Mini M. R., for Petitioner; Mathew John (for Nos. 1 and 2), for Respondents.

ORDER :-

This Original Petition is filed by a spouse to a subsisting marriage. She is the wife. She filed a suit against the other spouse to the marriage, her husband and her father-in-law. The suit was for recovery of amounts belonging to her and given into the hands of either the husband or the father-in-law at or about the time of the marriage for being held by them. It could probably be contended that they were to hold them in trust for her. She instituted the suit originally in the Family Court, Trichur. By an order of this Court, the said suit was transferred to the Family Court, Ernakulam for being tried with an application for restitution of conjugal rights filed by the husband in the District Court of Kottayam. This Court transferred that proceeding also to the Family Court, Ernakulam.

2. Before the Family Court, Ernakulam an objection was taken that since one of the parties arrayed as a defendant is not a party to the marriage but is only the father-in-law of the plaintiff and the suit relates to recovery of money entrusted to him also at the time of the engagement, the Family Court does not have jurisdiction to entertain or decide the suit. It was contended o














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