The jurisdiction of the Family Court is determined based on the parties' residence and the cause of action arising.

JUDGMENT

Nisha Banu, J.

This Original Petition (FC) is filed by the petitioners, who are the respondents in O.P.No.24 of 2025 on the file of the Family Court, Pathanamthitta, seeking for a direction to the Family Court, Pathanamthitta, to consider and dispose of I.A.No.1 of 2025 relating to the territorial jurisdiction as a preliminary issue before proceeding further in O.P.No.24 of 2025 and M.C.No.14 of 2026 and to stay all further proceedings in O.P.No.24 of 2025 and M.C.No.14 of 2026 pending disposal of I.A.No.1 of 2025. The petitioner in O.P.No.24 of 2025 is the respondent herein.

2. The brief facts of the case is that the marriage between the respondent and the 1^st petitioner was solemnized on 15.05.2017 at Ahmedabad in the State of Gujarat according to Christian rites and customs. After the marriage, the parties resided together at Ahmedabad and their matrimonial life was carried on there. Petitioners 2 and 3 are the parents of the 1^st petitioner and they are permanent residents of Ahmedabad. The respondent is presently residing at Kalyan East in the State of Maharashtra. At no point of time have the parties resided together within the territorial jurisdiction of the Family Court, Pathanamthitta, and no part of the matrimonial cause of action has arisen within Pathanamthitta District. Despite this, the respondent instituted O.P.No.24 of 2025 before the Family Court, Pathanamthitta, through a power of attorney holder seeking monetary and other reliefs against the petitioners. The petitioners entered appearance and filed I.A.No.1 of 2025 raising a specific objection regarding territorial jurisdiction. The said application is still pending consideration. Without deciding the objection regarding jurisdiction, the Family Court is proceeding with the matter. While the said objection is pending, the respondent has also instituted M.C.No.14 of 2026 under Section 125 Cr.P.C before the same court claiming maintenance of Rs.80,000/- per month. Notice of the said proceedings was served upon the petitioners through the Sub Inspector of Police, Ahmedabad City. During the last two or three postings before the Family Court, the respondent has not personally appeared before the court while the 1^st petitioner appeared despite travelling from Ahmedabad. The 1^st petitioner was directed to attend counseling alone even in the absence of the respondent. The Family Court is therefore proceeding with the matter without deciding the fundamental question of jurisdiction. Aggrieved by the same, this Original Petition (FC) is filed.

3. Today when this matter is takenup for hearing, the learned counsel for the petitioners specifically contended that Ext.P2/I.A.No.1 of 2025 in O.P.No.24 of 2025 filed before the Family Court, Pathanamthitta, was not considered yet by the learned Family Court Judge. Without considering the I.A., the matter is being proceeded by the learned Family Court Judge. It is also specifically contended by the learned counsel for the petitioners that the marriage between the 1^st petitioner and the respondent had taken place at Ahmedabad and they resided together at Ahmedabad and their matrimonial life was carried on there. The respondent is presently residing at Kalyan East in the State of Maharashtra. At no point of time have the parties resided together within the territorial jurisdiction of the Family Court, Pathanamthitta, and no part of the matrimonial cause of action has arisen within Pathanamthitta District.

4. This Court heard the learned counsel for the petitioners and perused the records placed before this Court.

5. In view of the facts and circumstances of the case and after hearing the learned c