2025:KER:26163 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP (FC) NO. 177 OF 2025 ORDER DATED 01.10.2024 IN IA 1/2023 IN OP NO.2054/2019, FAMILY COURT, THIRUVANANTHAPURAM PETITIONERS/PETITIONERS/RESPONDENTS 2 TO 5: 1 K.P. VISWAVALSALAN, AGED 79 YEARS S/O. PADMANABHA PANICKER, KIZHAVOOR VEEDU, VADAKKE MURI, ADHI NADU, KULASEKHARAPURAM, KARUNAGAPALLI TALUK, KOLLAM DISTRICT, PIN – 690542. 2 LALITHABHAI, AGED 66 YEARS, D/O. PADMANABHA PANICKER, RAJ BHAVAN VEEDU, POOYAPLPALLI VILLAGE, KOTTARAKKARA TALUK, PIN – 691537. 3 SREENI, AGED 46 YEARS, S/O. RAMACHANDRAN, RAJ BHAVAN VEEDU, POOYAPLPALLI VILLAGE, KOTTARAKKARA TALUK, PIN - 691537 4 JEEVAN, AGED 51 YEARS, S/O. JAYAPRAKASH, KEEZHOOR VEEDU, ADHINADU P.O. AND VILLAGE, PIN - 690542 2025:KER:26163 OP (FC) NO. 177 OF 2025 -2- BY ADVS. J.OM PRAKASH T.G.SUNIL (PRANAVAM) C.X.ANTONY BENEDICT EMMANUAL SANJU S.PRAHALADAN RESPONDENTS/RESPONDENTS/PETITIONER AND 1ST RESPONDENT: 1 K.S. MANOJ, AGED 57 YEARS, S/O. A.M. KUMARAN, PADHMANABHAM VEEDU, ENGINEERING COLLEGE P.O., PANGAPPARA VILLAGE, THIRUVANANTHAPURAM, PIN – 695016. 2 SREELAKSHMI. R, AGED 55 YEARS, D/O. SREEDHARAN R.K., PADHMANABHAM VEEDU, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM, PIN – 695016. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26163 OP (FC) NO. 177 OF 2025 -3- JUDGMENT Devan Ramachandran, J. The petitioners challenge Ext.P7 order of the learned Family Court, Thiruvananthapuram, through which, the said Court refused to hear the question of maintainability as a preliminary issue, but reserved it to be decided after trial. 2. Sri.J.Om Prakash – learned counsel for the petitioners, vehemently argued that, even going by the averments in the Original Petition filed by the 1st respondent - namely Ext.P3, no cause of action has been made out against his clients and that none of the ingredients, as available under Section 7 of the Family Courts Act (‘Act’ for short), have been attracted, so as to enable the Original Petition to be filed 2025:KER:26163 OP (FC) NO. 177 OF 2025 -4- before the learned Family Court. He argued that, in such circumstances, the learned Court had a duty to consider these aspects and allow the application filed by his clients. 3. We are afraid that we cannot find favour with the afore submissions of Sri.J.Om Prakash because, going by the stage at which the Original Petition is presently at, the parties are only completing their pleadings; and depending upon the same, issues will have to be framed. The questions whether the Original Petition is maintainable before the learned Family Court, or whether the ingredients under Section 7 of the ‘Act’ have been attracted, are ones that will have to be decided on the merits of the matter, after the parties lead evidence and establish/corroborate their respective case. 2025:KER:26163 OP (FC) NO. 177 OF 2025 -5- 4. We, therefore, cannot find any error in the learned Family Court in having reserved the question of maintainability to be decided after trial. This Original Petition is thus dismissed. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA akv JUDGE 2025:KER:26163 OP (FC) NO. 177 OF 2025 -6- APPENDIX OF OP (FC) 177/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITION IN O.P NO. 2054/2019 DATED 02.09.2019 OF THE FAMILY COURT, THIRUVANANTHAPURAM2. A TRUE COPY OF THE PETITION IN O.P NO. 2054/2019 DATED 02.09.2019 OF THE FAMILY COURT, THIRUVANANTHAPURAM EXHIBIT P2 A TRUE COPY OF THE I.A. NO. 2880/2019 IN O.P. NO. 2054/2019 DATED 02.09.2019 OF THE FAMILY COURT, THIRUVANANTHAPURAM EXHIBIT P3 A TRUE COPY OF THE OBJECTION DATED 30.09.2019 FILED BY THE PETITIONERS IN I.A. 2880/2019 IN O.P. 2054/2019 EXHIBIT P4 A TRUE COPY OF THE OBJECTION DATED 10.12.2019 FILED IN O.P. 2054/2019 BY THE 2ND RESPONDENT EXHIBIT P5 A TRUE COPY OF THE OBJECTION IN O.P. 2054/2019 DATED 10 .07.2024 EXHIBIT P6 A TRUE COPY OF THE I.A. NO. 1/2023 IN O.P. NO. 2054/2019 DATED 17.10.2023 EXHIBIT P7 A TRUE COPY OF THE ORDER IN I.A. 1/2023 IN O.P. NO. 2054/2019 DATED 01.10.2024 OF THE FAMILY COURT, THIRUVANANTHAPURAM