The court affirmed that jurisdiction to grant interim relief primarily rests with the lower court unless determined otherwise.

JUDGMENT Devan Ramachandran, J.

The petitioner has approached this Court because the learned Family Court, Kottayam at Ettumanoor, has “declined to grant ad-interim relief” (sic) in IA No.1/2026, even though it has been so sought for.

2. Sri.Manu Nair G. - learned counsel for the petitioner, argued that, when his client moved IA No.1/2026, he was entitled to an ad-interim injunction; but that the learned Family Court has only issued notice on the same, listing the matter to 24.03.2026. He argued that, this causes great injustice to his client since the respondent is still filing and prosecuting various matters before Courts in the United States; and hence that the very purpose of Ext.P1 Original Petition would now be rendered negatory. He prayed that, therefore, this Court grant an interim injunction against the respondent, directing her not to prosecute or continue with proceedings in a foreign court. 3. We are afraid that we cannot accede to the afore request at this stage and time because, the petitioner is virtually attempting to make us pass orders in an application which is listed by the learned Family Court for hearing on 24.03.2026. The question whether the Court ought to have granted an ad-interim injunction – which is to say, without notice to the respondent - is a matter that it itself has to decide at the first instance; and this is more so when Sri.Manu Nair G. tells us that the respondent has already been served notice through her Power of Attorney Holder - which is manifest from the factum of his client having filed IA No.3/2026, to serve it on the said person.

4. That said, if the petitioner is able to establish before the learned Family Court that service of notice has been validly completed on the respondent though her Power of Attorney Holder, it is upto him to seek that IA No.1/2026 be advanced to a nearer date for orders on it. Even without attempting any such, he has chosen to approach this Court, which we cannot countenance.

In the afore circumstances, we dismiss this Original Petition however, clarifying that none of the liberties of the petitioner as per law is precluded.

Sd/-