Hariprasad, J.
The petitioner has come up under Article 227 of the Constitution of India with following prayers :
“(i) pronounce that Exhibit P2 application is not maintainable in the Family court, Palakkad, and issue an order or direction, commanding the Family court, Palakkad, not to entertain Exhibit P2 application as it lacks jurisdiction for alteration of orders of the Family court, Coimbatore ; and
(ii) pass such other and further orders deemed fit and proper in the circumstances of the case ; and
(iii) award the costs of the petitioner in these proceedings.”
It is seen from the records that wife of the petitioner approached the Family court, Coimbatore, with M.C.No.136/10 and obtained Ext.P1 order against him for payment of maintenance @ `5,000/- from the date of petition. Thereafter, the wife/respondent approached the O.P.(F.C.) No.263 of 2014 2 Family court, Palakkad with M.C.No.98/14 for enhancing the maintenance amount awarded by the Family court, Coimbatore. In that matter, a summons was issued to the petitioner/husband. He is challenging the jurisdiction and competence of the Family court, Palakkad, to entertain such petition.
2. Heard the learned counsel for the petitioner.
3. Prima facie we are of the view that the procedure adopted by the Family court in issuing summons to the petitioner, without considering the maintainability of the petition before that court, is highly improper. The petitioner's grievance is that the court below did not apply its mind to find out whether the said petition, which was filed for enhancing the maintenance amount fixed by a court outside the State, is legally maintainable before it. Jurisprudentially speaking, it is the right and duty of every court to consider and rule on its own jurisdiction. Considering the facts which are born out from the records, we direct the Family court, Palakkad, to consider whether O.P.(F.C.) No.263 of 2014 3 M.C.No.98/14 is legally maintainable before that court. It is also made clear that the court shall not insist on the appearance of the parties before that court for considering the legal question. The petitioner is relegated to the Family court, Palakkad, and in the event the petitioner raising the jurisdictional competence of that court, the same shall be decided on a preliminary issue as expeditiously as possible.
O.P. is disposed of accordingly.
Sd/-
V.K.MOHANAN, Judge ami/ Sd/-
A.HARIPRASAD,Judge //True copy// P.A. to Judge