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2026 Supreme(Online)(Ker) 3960

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
KUSHBU S. BABU – Appellant
Versus
ARUN ASHOK – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.BIJU BALAKRISHNAN, SMT.V.S.RAKHEE, SMT.K.J.GISHA, SMT.AKSHAYA S.NAIR, SHRI.JAYAKUMAR C., SMT.SANDRA SUNNY OTTA
For the Respondents: SMT.HYMA S.

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P14 order of the learned Family Court, Thiruvananthapuram, since it has found that the Original Petition in question, namely OP No.1682/2023, is not maintainable before it because the transactions alleged therein did not happen within its territorial limits.

2. Smt.Sandra Sunny Otta, representing Smt.V.S.Rakhee – learned counsel for the petitioner, argued that the learned Family Court prejudged the issue of maintainability without allowing the parties an opportunity of leading evidence because, the disputes are in the factual realm, including whether the cause of action has arisen within its territorial limits. She pointed out that, in fact, there is another Original Petition between the parties, seeking divorce - which has been filed before the same Court and was found maintainable by it, as evident from Ext.P14. She argued that, in such circumstances, the direction in the impugned order, that her client should present the Original Petition in question before another Court is unfortunate and untenable because, this will lead to multiple Courts deciding the same issue between the same parties.

3. Smt.Sandra Sunny Otta ther

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