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 during the pendency of the matrimonial appeals and maintenance case, the issue is one relating to a matrimonial dispute and has to be tried and disposed of by the Family Court.

3. The court below considered the issue and held that the suit does not fall within the purview of Section 7 of the Family Courts Act, 1984 (herei