IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MFA.No. 1368 of 2002() ---------------------- AGAINST THE ORDER DATED 27/04/2002 IN OP.31/2001 of FAMILY COURT, KOTTAYAM .................... APPELLANT: PETITIONER --------------------- OMANA RADHAKRISHNAN, AGED 35, VILAKKELIVILAYIL HOUSE, POOZHIKKADU, KOORAMBALA VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.K.MURALEEDHARAN SRI.SUNU P.JOHN RESPONDENTS: RESPONDENTS ------------------------ * 1. JANAKIAMMA AGED ABOUT 70, PAREKKATTU HOUSE, VAYALA P.O., KOTTAYAM FROM VALIYAPARAMBIL HOUSE, NATTASSERY KARA AND PERUMBAIKADU VILLAGE.(DIED) 2. RAJASEKHARAN NAIR, AGED 48, S/O.JANAKIAMMA, PAREKKATTU HOUSE, VAYALA P.O. KOTTAYAM,FROM VALIYAPARAMBIL HOUSE, NATTASSERY KARA, PERUMBAIKADU VILLAGE. * ADDL.R3 SREELATHA @ OMANA, D/O.JANAKI AMMA, CHERUKANDATHIL HOUSE, PAIKADU, PEROOR.P.O., ETTUMANOOR, KOTTAYAM DISTRICT. *ADDL.R4 SUKUMARAN NAIR, S/O.JANAKI AMMA, PAREKKATTU HOUSE, VEMBALLY, VAYALA.P.O., KANAKKARY, KOTTAYAM DISTRICT. (*ADDITIONAL RESPONDENTS 3 & 4 IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 18/02/2008 IN I.A.NO.399/2008) BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------- M.F.A. No.1368 of 2002 --------------------------------- Dated, this the 24th day of March, 2008 J U D G M E N T Kurian Joseph This appeal arises from the order dated 27/04/2002 in O.P.No.31/2001 on the file of the Family Court, Kottayam. The Family Court dismissed the petition for return of money and gold ornaments on the ground of maintainability. The Family Court found that since the husband was no more at the time of institution of the original petition, the original petition will not rely before the Family Court. Hence the appeal. 2. Shri. Mathew John, learned counsel appearing for the respondents vehemently contended that the judgment under appeal reflects the correct position of law. We are afraid, in view of the bench decision of this Court, it is not necessary for us in this case to take a different view. In the bench decision in K.A.Abdul Jaleel Vs. T.A.Sahida , reported in AIR 1997 Kerala 269, it has been held that even if the wife or husband is not alive also, a dispute touching on the property between the parties to the marriage will lie before the Family Court. We find that same view was taken by another learned Single Judge of this Court, by Justice P.K.Balasubramanyan, M.F.A.No.1368/2002 -2- as his lordship then was, in Shyni Vs. George and others, reported in AIR 1997 Kerala 231. We set aside the order under appeal. The O.P.No.31/01 is remitted to the Family Court, Kottayam with direction to try and dispose of the original petition on merits. The parties shall appear before the Family Court on 22/05/2008. The original petition shall be disposed of within a period of another four months. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) jg