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2020 Supreme(Ker) 690

Mini, D/o. Thankappan – Appellant
Versus
Sivaraman, S/o. Govindan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.B.RENJITH KUMAR
For the Respondent: SRI.K.K.AKHIL, SRI.T.A.UNNIKRISHNAN

JUDGMENT :

Bechu Kurian Thomas, J.

The jurisdiction of the Family Court to deal with a suit for injunction filed by the father-in-law against the daughter-in-law arises for consideration. The Family Court held that it has no jurisdiction since the said suit is not based on 'circumstances arising out of a marital relationship'. The daughter-in-law has preferred this appeal challenging the order returning the plaint for presentation to the proper court.

2. This case has an interesting past. A suit was originally filed before the Munsiff Court, Vaikom as O.S. No.157 of 2013. The relief claimed in the suit was for a mandatory injunction directing the defendants to vacate the plaint schedule building and also for a prohibitory injunction restraining the defendants or anybody acting under them from interfering with the title and possession of the plaintiffs, after such eviction. Plaintiffs in that suit are the respondents herein while the defendants in the suit are the appellants before us. The appellants before us are the daughter-in-law and grandchildren of the respondents while the respondents herein are the father-in-law and mother-in-law of the 1st appellant. For the purpose of easier

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