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2026 Supreme(Online)(Ker) 6348

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JOCIN VAVACHAN – Appellant
Versus
BABY ROSEMARY – Respondent
OP(CRL.) NO. 788 OF 2025 | MC NO.30 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.P.BINNY JOSEPH, SMT.JEENU ABRAHAM
For the Respondents: SMT.MANEESHA R.

The Family Court must consider maintainability issues raised by the petitioner under Article 227.

Headnote:The petition filed under Article 227 seeks to stay the proceedings of MC No.30/2025 pending before the Family Court, Alappuzha. The petitioner contends the case is non-maintainable due to the respondent's prior order from a Singapore court. The court directs that the Family Court consider maintainability if approached by the petitioner. Court disposed as above.

Table of Content
1. petition seeks to stay family court proceedings. (Para 1 , 2)
2. maintainer issues due to foreign court order. (Para 3)
3. family court to consider petitioner's application. (Para 4)

JUDGMENT

The prayers in this Original Petition filed under Article

227 of the Constitution of India are as follows:- “i. issue a direction staying all the further proceedings in MC NO.30/2025 before the Family Court, Allapuzha;

ii. Issue such other order or direction as this Honorable Court may deems fit and proper in the facts and circumstances of the case.” 2. Heard both sides.

3. The petitioner is the husband of the respondent.

The respondent is a Singapore citizen who has renounced her Indian citizenship. It is submitted that the respondent filed a Maintenance Case before the Singapore Court and obtained an order in her favour. The contention of the petitioner is that the maintenance case pending before the Family Court, Alappuzha, is not maintainable.

4. The petitioner is at liberty to make an application seeking consideration of maintainability of the case before the Family Court, Alappuzha.

If the petitioner makes an application seeking consideration of the question of maintainability, the Family Court, Alappuzha, shall consider the same and dispose of it in accordance with law before proceeding further with the case.

The Writ Petition is disposed of as above.

Sd/-

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