JUDGMENT : Ramakrishnan, J. This original petition is filed by the petitioner, who is the respondent in OP(G&W)No.19/2015 before the Family Court, Ernakulam, under Article 227 of the Constitution of India seeking the following reliefs: a. Call for records in OP(G&W)No.19/2015 pending before the Family Court, Ernakulam along with all connected interlocutory applications. b. issue an appropriate order or writ or direction setting aside the order of the Hon’ble Family Court, Ernakulam dated 24.3.2015 directing the minor daughter Irene Issac Dapril to be produced before the Hon'ble Judge of the Family Court on 28.32015. c. Issue a direction to the Hon'ble Family Court, Ernakulam to pass orders on Ext.P13 petition filed by the petitioner on the question of jurisdiction, before going into the merits of the matter. d. Grant such other reliefs as this Hon'ble Court may deem fit to grant in the interests of justice. 2. Heard learned counsel for the petitioner Sri. George Johnson and counsel for the respondent Sri. Ramkumar Nambiar. 3. The main grievance in the petition is that though the petitioner had raised a preliminary issue regarding jurisdiction to entertain the original petition, that has not been considered by the court below. It is seen from Ext.P12 order that this Court has already passed an order directing the family court to consider the question of jurisdiction, if any raised and dispose of the same on or before 30.4.2015 and according to the petitioner, it is on that basis Ext.P13 objection has been filed. But it will be seen from Order XIV Rule 2(2) that “where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to- (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue”. Mere filing an objection alone is not sufficient.
Mere filing an objection alone is not sufficient. If the petitioner files an application under Order XIV Rule 2(2) to hear the question of jurisdiction as a preliminary point, then the family court is directed to consider and dispose of that application after affording an opportunity of hearing the respondent, as expeditiously as possible, at any rate, within two months from the date of filing of the application. With the above directions and observations, this petition is disposed of. Office is directed to communicate a copy of this judgment to the concerned court immediately.