Point of Law: Section 20 of Code of Civil Procedure, 1908 governs place of institution of such a suit or proceedings for recovery of money, which has to be instituted by wife within territorial limits of Family Court.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner filed O.P. (Div.) No. 1434 of 2020 before the Family Court, Mavelikkara (Ext.P1), which is one filed against the respondent herein-husband, seeking a decree of divorce under Section 10 of the Divorce Act, 1869, to dissolve the marriage solemnised between the parties on 23.04.2018 at St. Mary’s Cathedral Church, Thumbaman. On receipt of the notice, the respondent entered appearance and filed I.A. No. 2 of 2021 (Ext.P2) to return O.P. (Div) No. 1434 of 2020 for presentation before the proper court. In that interlocutory application, the petitioner filed objection dated 04.10.2021 (Ext.P3). After considering the rival contentions, the Family Court passed Ext.P4 order dated 03.01.2022, whereby O.P. (Div) No. 1434 of 2020 is returned for presentation before the proper court. The reasoning of the Family Court, as contained in the 3rd paragraph of Ext.P4 order reads thus:

“(3) Admittedly the marriage was beyond the jurisdiction of this court. It is also admitted that they lived together as husband and wife in the house of the respondent which is also beyond the jurisdiction of this court. Now in the counter statement to I.A. No. 2 of 2021, the petitioner raised a contention that before she was deserted the petitioner and the respondent lived together in the house of the petitioner, which is within the jurisdiction of this court. Hence this court has jurisdiction to enter this petition. But there is no whisper in the original petition that the petitioner and the respondent lived together in the house of the petitioner at any point of time. The only allegation was that the respondent left the petitioner in her parent's house situated at Chennithala, which is within the jurisdiction of this court, on 09.07.2020. There is no allegation that the petitioner and the respondent lived together in this house before 09.07.2020. The jurisdiction of a court to entertain a case is to be determined based on the allegations in the petition. There is no averment or allegation in the petition that the petitioner and the respondent lived together as husband and wife in Chennithala. Therefore, this court would not get jurisdiction to try the case as per Section 3(iii) [sic. Section 3(3)] read with Section 10 of the Divorce Act, 1869. Therefore, this petition is liable to be returned. The petitioner may file an application, if any, under Order VII Rule 10A of the Code of Civil Procedure, 1908 within a period of three days from today.”

2. Feeling aggrieved by Ext.P4 order dated 03.01.2022 of the Family Court in I.A. No. 2 of 2021 in O.P. (Div) No. 1434 of 2020, the petitioner-wife is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

3. On 02.02.2022, when this original petition came up for admission, this Court admitted the matter on file and issued urgent notice to the respondent by speed post.

4. The respondent has filed a counter affidavit, opposing the reliefs sought for in this original petition. The document marked as Ext.R1(a) is a true copy of the judgment of the Family Court dated 07.01.2022 in O.P. (Div) No. 1434 of 2020, which reads thus:

“This petition filed under Section 10 Divorce Act by Smt. Renni Elizabeth Oommen for divorce through Advocate Dr. Prabhu Mathew on 31.12.2020. The case was directed to be returned to petitioner for presentation before the proper court on this day 07.01.2022.”

5. Heard the learned counsel for the petitioner-wife and the respondent-husband, who appeared in person.

6. The issue that arises for consideration in this original petition is as to whether any interference is warranted on Ext.P4 order dated 03.01.2022 of the Family Court in I.A. No. 2 of 2021 in O.P. (Div) No. 1434 of 2020, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

7. O.P. (Div) No. 1434 of 2020 is one filed by the petitioner-wife, against the respondent-husband seeking a decr