IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Mat.Appeal.No. 303 of 2011(A) ----------------------------- OP.334/2009 of FAMILY COURT, THODUPUZHA .................... APPELLANT/RESPONDENT ----------------------------------- AUGUSTINE ALIAS MERVIN ALEXANDER S/O.LATE ALEXANDER, PERLAKATTUCHALIL HOUSE, RAMAPURAM P.O., KOTTAYAM DIST. BY ADV. SRI.T.J.MICHAEL SRI.JOSE MATHEW (KAVALAKALAM) SRI.SHAJI KURIAN RESPONDENT/ PETITIONER ----------------------------------------- JOSMI ALIAS GEETHU, D/O.JOSE, NEDUMPARAMPIL HOUSE, KARIMANOOR P.O., THODUPUZHA. ADV. SRI.ROY CHACKO FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ---------------------------------- Mat. Appeal No. 303 OF 2011 --------------------------------------------- Dated this the 5th day of July, 2011 J U D G M E N T THOTTATHIL B.RADHAKRISHNAN,J. This appeal is against an order by which the Family Court, Thodupuzha held that it has jurisdiction to try the petition filed by the wife. Going by the pleadings in the petition filed by her before the Family Court, the marriage did not take place within the jurisdiction of the Thodupuzha court. The couple also did not reside within the jurisdiction of that court. Going by the pleadings in the original petition, no part of cause of action is shown to arise within the jurisdiction of the Family Court, Thodupuzha. The respondent husband does not reside within the jurisdiction of that court. Obviously, therefore, this petition could not have been entertained before the Thodupuzha court. We therefore set aside the impugned order and remand the case to enable the Family Court, Thodupuzha to return the petition for presentation before the appropriate family court in Mat. Appeal No. 303 OF 2011 2 accordance with law. The parties are directed to appear before the court below on 18.07.2011. The appeal is allowed as above. THOTTATHIL B.RADHAKRISHNAN JUDGE. K.SURENDRA MOHAN JUDGE dmb