This is a petition filed under Section 24 of the Code of Civil Procedure to transfer O.S.No.188 of 2014 on the file of Munsiff's Court, Ponnani to Family Court, Tirur. O.S.No.188 of 2014 is one for partition of suit property having an extent of 9.06 cents of landed property comprised in Sy. No.70/3 of Veliyamkode Panchayath and a residential building constructed therein. The respondent herein is stated to be the sister-in-law of the petitioner. The matrimonial relationship between the petitioner and the brother of the respondent were disturbed and they approached the Family Court by filing a petition. It is contended that the issue involved in the suit as well as in the petition before the Family Court are identical and therefore, the transfer is sought for. Obviously O.S.No.188 Tr.P(C). No.664 of 2014 -: 2 :-
of 2014 does not relate to matrimonial dispute nor come within the ambit of Section 7 of the Family Court. Therefore, the Family Court cannot have jurisdiction to entertain the suit. If the petitioner has any grievance on the decision on the issue in the matter pending before the Family Court, the petitioner has to challenge the same before the appropriate authority in accordance with law.
Reserving the said liberty of the petitioner, this petition is dismissed.
Sd/- P.BHAVADASAN, JUDGE.
Jvt