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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
SAILAJA AGED 59 YEARS W/O. ASOKAN, RESIDING AT 'SAILAM', T C 3/2072(2), LEKSHMI NAGAR, PATTOM P.O., KOWDIAR VILLAGE, THIRUVANANTHAPURAM, PIN - 695004 – Appellant
Versus
SHOBANA AGED 70 YEARS W/O R. RETHNAKARAN, RESIDING AT 'THOPPIL VEEDU', T.C. 90/282, MADHAVAPURAM, TITANIUM P.O., THIRUVANANTHAPURAM, PIN - 695021 – Respondent
| Table of Content |
|---|
| 1. court rules on the jurisdiction for property ownership disputes. (Para 2 , 3) |
| 2. validity of a will executed by a deceased spouse does not fall under family court jurisdiction. (Para 4) |
| 3. legal precedents clarify the jurisdiction of family courts concerning property. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
JUDGMENT
The original petition has been filed challenging Ext.P7 order, whereby the court below held that the suit is maintainable before the civil court and that the issue does not fall within the jurisdiction of the Family Court. The facts required for adjudication are as follows:
2. The petitioners are the wife and children of the deceased Asokan. The respondent is the sister of Asokan. The suit was filed by the respondent seeking to declare her title over the plaint schedule properties on the strength of a Will executed by deceased Asokan. The petitioners submit that the Will was executed during the pendency of matrimonial appeals before this Court. It is also submitted that a maintenance case was pending during that time. It is hence contended that, since the Will relates to the properties of one of the parties to the marriage and the same had been dealt with duri
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