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, t