KERALA HIGH COURT
A.M. Shaffique, J
Prakash v. Padmakumari
1. In this Original Petition, the petitioner challenges Ext. P4 order passed by the Family Court, Vadakara rejecting IA No. 735/2012 filed by him disputing the territorial jurisdiction of the Family Court to entertain OP No. 112/2012 filed by the respondent.
2. Petitioner and respondent are husband and wife and in their wedlock the respondent had given birth to two minor children. After their marriage in 2005, the couple was residing in Mumbai, where the petitioner is employed in a multi national company. For various reasons, which are alleged in Ext. P1 petition, the details of which are irrelevant for the purpose of this case, in August, 2011 the respondent left the petitioner's house and since then, is residing in her paternal house which is situated within the jurisdiction of the Family Court, Vadakara.
3. While so, the respondent filed OP No. 112/2012 seeking custody of the minor children. It was in that OP, the petitioner who was respondent therein, filed IA No. 735/2012 contending that he is an ordinary resident of Mumbai and that the children were born and brought up and are admitted in a school in Mumbai. Therefore, the Family Court, Vadakara has no territorial jurisdiction
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