IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Tr.P(C).No. 80 of 2010() ----------------------------------- O.S.NO.483/09 OF MUNSIFF'S COURT, ALUVA ...... PETITIONER: -------------------- RAINI P.M., D/O.MUHAMMED KUNJU A., AGED 37 YEARS, ALAMPARAMBIL HOUSE, PENGATTUSSERY, EDATHALA NORTH P.O., EDATHALA, ALUVA, ERNAKULAM DISTRICT. BY ADV. MR.ALEXANDER JOSEPH RESPONDENT(S): --------------------------- A.M NAZAR, S/O.LATE MAKKAR, AGED 46 YEARS, ALAMPARAMBIL HOUSE, ASHOKAPURAM P.O., ALUVA NOW RESIDING AT ALAMPARAMBIL HOUSE, THAIKATTU KARA P.O., PIPE LINE, NEAR DARUL ISLAM, THAIKATTU KARA, ALUVA. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= T.P.C. No. 80 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of March, 2010 O R D E R This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.S.No.483 of 2009 pending before the Munsiff's Court, Aluva to the Family Court, Ernakulam. 2. O.S. No.483 of 2009 has been instituted by the respondent before the Munsiff's Court, Aluva. Petitioner is the defendant in the suit. They are husband and wife. The couple have three children. According to the petitioner, the respondent deserted her, pronounced “thalak” and married another woman. She filed M.C. No.339 of 2009 before the Family Court, Ernakulam for maintenance to the minor children. A copy of the case is produced as Annexure-A1. Thereafter, O.S. No.483 of 2009 was filed by the respondent before the Munsiff's Court, Aluva for partition of the property of the defendant. A copy of the suit is produced as Annexure-A2. The petitioner/defendant entered appearance and filed written statement, which is produced as Annexure- A3. It is contended that issue involved in the suit too could be tried only by a Family Court. It is also pointed out that TPC 80/2010 2 as per section 7 (c) of the Family Court Act, the Family Court alone has jurisdiction to entertain suits or proceedings between the parties to a marriage. 3. There is no reason as to why the petitioner should not raise this point before the court below and get it adjudicated. That is the proper forum to agitate the issue of jurisdiction. It will be open to the petitioner to raise such a contention before the court below. If such a contention is raised, the court below shall consider it as a preliminary issue and decide the same, in accordance with law. When such a remedy is available to the petitioner, the question of transfer of the suit does not arise. Hence, this petition is dismissed. P.BHAVADASAN, JUDGE. mn.