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2011 Supreme(Ker) 632

R.BASANT, K.SURENDRA MOHAN
N. Vasumathi – Appellant
Versus
Valsan, V. P. K. Bhaskaran – Respondent


Advocate Appeared:
For the Petitioners:Sunil Nair Palakkat, K.M. Abhilash, N.K. Sheeba, R. Leela, Advocates.
For the Respondents:R1 – K.V. Sohan, K. Sreeja Sohan, Advocates.

JUDGMENT :-

Basant, J –

1. How are the words "suit or other proceedings for an order or injunction in circumstances arising out of a marital relationship" in explanation (d) to Sec.7 to be understood? Does the unsatisfactory language deserve and need clarification by this Court before the legislature intervenes to amend the statutory provision? These questions disturb us in this appeal.

2. These petitions are filed under Article 227 of the Constitution by the petitioners asserting that the dispute involved in O.S.No.173 of 2006 on the file of the Munsiff's Court, Thalassery and O.P.No.322 of 2006 before the Family Court, Kannur are to be settled and decided by the Family Court alone and not by any other court.


3. A brief resume of events which have led to these two petitions may be relevant and vital to correctly comprehend the disputes. We are referring to the parties and documents as they are ranked/marked in O.P.No.976 of 2010.

4. Petitioner No.1 is the wife of respondent No.1. Their marriage took place on 22.9.1984. Two children are born in the wedlock. The second petitioner is one of those two children. The other child, it is submitted at the Bar, is residing with the first



































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