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2026 Supreme(Online)(Ker) 12552

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
VIMAL V.T – Appellant
Versus
DEEPA M.S – Respondent
OP (FC) NO. 123 OF 2026 | OPDIV NO.113 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.C.S.MANILAL, SRI.S.NIDHEESH

Territorial jurisdiction must be established for the maintainability of an Original Petition in family law proceedings.

Headnote:The court examined the endorsement on Ext.P3 by the Family Court, ruling the Original Petition unmaintainable due to lack of territorial jurisdiction. It concluded this petition could not be entertained without the necessary order. While dismissing the petition, it granted liberty to refile as per law. The primary legal issue was whether the Family Court held territorial jurisdiction over the matter. The court reasoned that jurisdiction underlies maintainability, emphasizing procedural compliance for a valid appeal.

Table of Content
1. jurisdiction is essential for maintainability of the original petition. (Para 1)
2. petitioner is permitted to refile with the required documentation. (Para 2)

Devan Ramachandran, J.

The petitioner challenges the endorsement on Ext.P3 made by the learned Judge of the learned Family Court, Kottayam at Ettumanoor, to the effect that the Original Petition presented by him, cannot be maintained before it for lack of territorial jurisdiction.

2. We cannot entertain this Original Petition without the order being produced; and, what we see is that the application has been given back to the petitioner by the learned Family Court, who has then taken a copy of the order written behind it and produced before us.

In the afore circumstances, we dismiss this Original Petition; however, leaving full liberty to the petitioner to file a fresh one, with a copy of the order annexed as per law.

Sd/-

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