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2015 Supreme(Ker) 1142

C.K.ABDUL REHIM, MARY JOSEPH
Krishna Moorthy – Appellant
Versus
Soumya Krishnan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P. Narayanan
For the Respondents: Shajin S. Hameed

JUDGMENT :

C.K. Abdul Rehim, J.

1. In this Mat. Appeal, which is filed by the respondent before the Family Court, the challenge is against an order passed in I.A. No. 1031/2014 in O.P. (HMA) No. 1152/2013. The case before the Family Court was instituted by the respondents herein seeking declaration of 1/3rd right for each of them in the scheduled properties and for recovery of an amount of Rs. 40,00,000/-, which the appellant had promised to pay for the marriage of the 1st respondent, along with another sum of Rs. 5,00,000/- towards compensation. The appellant filed I.A. No. 1031/2014 questioning maintainability of the Original Petition. It is contended that, the Original Petition instituted under S. 7(c) of the Family Courts Act can be maintained before that court only if it is between parties to the marriage. Since the respondents herein, who are the petitioners before the Family Court, are not parties to the marriage, the Original Petition is not maintainable before the Family Court, was the contention raised. The Family Court on consideration of the interim application, passed the impugned order holding that the claim advanced in the Original Petition arises out of the marital re









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