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2026 Supreme(Online)(Ker) 14005

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
RIYAS Y – Appellant
Versus
ANSA MOL R – Respondent
OP (FC) NO. 134 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.V.PREMCHAND, SMT.C.P.MANISHA, SMT.PINKY A.R.

The court cannot intervene in matters pending before lower courts, emphasizing jurisdictional arguments must first be raised there.

Headnote:The petitioner contends that the Family Court lacks jurisdiction over Ext.P1 Original Petition, a matter currently pending resolution. The Court, however, finds no grounds for intervention at this stage and dismisses the petition, allowing the petitioner to present all arguments, including jurisdictional ones, before the Family Court. The Court emphasizes the importance of raising all contentions within the lower court proceedings.

Table of Content
1. jurisdiction issue raised by the petitioner. (Para 1)
2. court's refusal to intervene in pending matters. (Para 2)

JUDGMENT Devan Ramachandran, J.

The petitioner seeks that this Court declare that the learned Family Court, Kottarakkara, has no jurisdiction to consider Ext.P1 Original Petition. He, however, concedes that he has filed Ext.P5 objections, wherein, he has raised a question of maintainability also.

2. We fail to understand why the petitioner has approached this Court because, when the matter is still pending before the learned Family Court, including on the question of its jurisdiction, we cannot intervene in any manner at this stage. In the afore circumstances, we dismiss this Original Petition, leaving full liberty to the petitioner to impel every contention, including on the maintainability of Ext.P1, before the learned Family Court.

Sd/-

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