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2023 Supreme(Ker) 103

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Rarima R. , D/o. Ramadas P. – Appellant
Versus
Rejulal K. V. , D/o. V. V. Damodaran – Respondent


Advocates Appeared:
For the Appellant : V.T. Madhavanunni, Sri. V.A. Satheesh.
For the Respondent: Abdul Raoof Pallipath, K.R. Avinash (Kunnath).

JUDGMENT :

P.G. Ajithkumar, J.

The appellant filed O.P.No.400 of 2019 before the Family Court, Kannur. The relief claimed is damages for defamation. The respondents are her husband and father-in-law. Respondents filed I.A.No.1070 of 2019 contending that the Family Court has no jurisdiction to entertain the original petition. The Family Court heard the question of maintainability and allowed I.A.No.1070 of 2019. The petition was accordingly returned to the appellant for being presented before the proper court. Aggrieved thereof the appellant has filed this appeal under Section 19(1) of the Family Courts Act, 1984.

2. Pursuant to notice, the respondents appeared through their learned counsel. Delay of 70 days in filing the appeal was condoned as per order dated 22.12.2022 in C.M.Appl.No.1 of 2021.

3. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

4. O.P.No.400 of 2019 was filed claiming damages. It was contended that the 1st respondent-husband and the 2nd respondent-father-in-law described the appellant in public as a mentally ill person. Statements were made in the pleadings submitted before the Family Court and uttered in the

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