IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 28631 of 2007(H) ----------------------------------------- CMA.52/2006 of DISTRICT COUR, KOZHIKODE OS.321/2005 of ADDL.MUNSIFF COURT,KOZHIKODE-I .................... PETITIONER(S): ------------------------- CHANDRAMATHI, AGED 32 YEARS, D/O.LATE SUBRAMANIAN NAMBOOTHIRI, PATTENA, PEROLE VILLAGE, P.P.PUTHARIYADUKKAM, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. MR.M.SANTHOSHKUMAR RESPONDENT(S): -------------------------- 1. RAMAN NAMBOOTHIRI, AGED 32 YEARS, S/O.LATE SUBRAMANIAN NAMBOOTHIRI, RESIDING AT KUNNOPPOZHY ILLAM, P.O.KAKKUR, KOZHIKODE. 2. UMADEVI ANTHARJANAM, AGED 74 YEARS, W/O.RAMAN NAMBOOTHIRI, RESIDING AT KUNNOPPOZHY ILLAM, P.O.KAKKUR, KOZHIKODE. BY ADVS. MR.V.V.SURENDRAN FOR R1,2 MR.P.A.HARISH FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28631/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER IN OS. NO.321/05 OF THE ADDL. MUNSIFF-I, KOZHIKODE DT. 18.5.05. P2:- COPY OF THE ORDER IN CMA. 52/06 OF THE DISTRICT JUDGE, KOZHIKODE, DT. 5.10.06. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.28631 OF 2007 ---------------------------- DATED THIS THE 20TH DAY OF MARCH, 2009 JUDGMENT Plaintiff in O.S.No.321/2005 on the file of the Additional Munsiff-I, Kozhikode is the writ petitioner. Ext.P1 is the order passed by the Munsiff, which was confirmed in the Appeal CMA.No.52/2006 by the District Court, Kozhikode. Ext.P2 is the judgment in the said appeal. Exts.P1 and P2 are under challenge. The suit O.S.No.321/05 was filed for partition of the plaint schedule property. Petitioner claims that she is the legally wedded wife of late Divakaran Namboothiri, son of the defendants in the suit. Petitioner's husband died on 23/10/2003. The defendants denied the status of the plaintiff. 2. The jurisdictional question was decided as a preliminary issue. Learned Munsiff found that the suit will come within the realm of Section 7(d) Family Court Act and therefore the matter shall be prosecuted before the Family Court. The said -2- W.P.(C).No.28631/2007 order was challenged in appeal filed before the District Court, Kozhikode. The learned District Judge concurred with the decision of the learned Munsiff and dismissed the appeal. 3. In view of the decisions reported in Devaki Antharjanam v. Narayanan Namboodiri (2006 (2) KLT 1022) and Leby Issac v. Leena M. Ninan (2005 (3) KLT 665), I am of the view that the issues shall be decided by the Family Court Kozhikode as rightly held by the courts below. Since the original suit was filed in the year 2005 and is pending for all these years, the plaintiff shall file the suit before the Family Court, Kozhikode within a period of one month from the date of receipt of a copy of this judgment, whereupon the Family Court shall take a decision in the matter within a period of six months thereafter. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.