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2022 Supreme(Online)(KER) 45808

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
JAMSHEENA K
– Appellant
Versus

Muhammed Yusuf – Respondent


Advocates:
M.SHAJNA K.M.FIROZ, K.M. SATHYANATHA MENON

JUDGMENT

P.G.Ajithkumar, J.

An order under Order VII, Rule 10(2) of the Code of Civil Procedure , 1908 is under challenge in this appeal filed under Section 19 (1) of the Family Courts Act , 1984.

2. The appellant is the wife of the 1st respondent.

Respondents No.2 and 3 are the parents of the 1st respondent. The appellant filed O.P.No.711 of 2021 before the Family Court, Kozhikode, claiming compensation and return of gold ornaments. The respondents filed a counter, inter alia, contending that the Family Court, Kozhikode does not have territorial jurisdiction to try the original petition. The Family Court heard the question of jurisdiction and as per the judgment dated 20.04.2022 held that no part of the cause of action has arisen within the jurisdiction of that court. Accordingly, the suit was returned to the appellant, invoking the provisions of Order VII, Rule 10(2) of the Code. 3. On 30.05.2022, notice on admission was directed to be served on the respondents. The respondents entered appearance through their learned counsel.

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

5. The reliefs claimed in O.P.No.711 of 2021 are

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