Case Note & Summary
The appellants, legal representatives of the original plaintiff Smt. Narasamma, filed O.S.No.28/2022 before the Principal Judge, Family Court at Raichur, seeking a declaration of rights and permanent injunction against the respondent, Rajamma, who was the second wife of late G. Narasanna. The plaintiff Narasamma was the first wife, and the respondent was the second wife. The suit property was alleged to be joint family property. The Family Court, by order dated 25.07.2023, returned the plaint on the ground that the suit was not maintainable before the Family Court, as it involved a dispute between family members regarding property rights. The appellants challenged this order before the High Court of Karnataka under Section 19(1) of the Family Courts Act, 1984. The High Court examined the provisions of Section 7 of the Family Courts Act, which defines the jurisdiction of Family Courts. It noted that Section 7(1)(c) includes suits relating to the property of the parties to a marriage or the property of any of the children. The court observed that the dispute between the plaintiff and the defendant, who were co-widows and their children, pertained to property rights arising out of a marital relationship. The High Court held that the Family Court had jurisdiction to entertain the suit and that the order returning the plaint was erroneous. The appeal was allowed, the impugned order was set aside, and the Family Court was directed to proceed with the suit on its merits.
Headnote
A) Family Law - Jurisdiction of Family Court - Maintainability of Suit - Section 7 Family Courts Act, 1984 - The suit filed by a widow against her step-children for declaration of rights and permanent injunction in respect of suit property is a dispute relating to the property of the parties to a marriage, which falls within the ambit of Section 7(1)(c) of the Family Courts Act, 1984. The Family Court erred in returning the plaint on the ground of lack of jurisdiction. Held that the Family Court has jurisdiction to entertain such a suit. (Paras 1-10) B) Civil Procedure - Preliminary Issue - Return of Plaint - Order VII Rule 10 CPC - The Family Court treated the issue of maintainability as a preliminary issue and returned the plaint. The High Court held that the suit was maintainable and set aside the order, directing the Family Court to proceed with the suit on merits. (Paras 1-10)
Issue of Consideration
Whether a suit for declaration of rights and permanent injunction filed by a widow against her step-sons and step-daughters is maintainable before the Family Court under Section 7 of the Family Courts Act, 1984.
Final Decision
The appeal is allowed. The impugned order dated 25.07.2023 passed by the Principal Judge, Family Court at Raichur in O.S.No.28/2022 is set aside. The Family Court is directed to proceed with the suit on its merits in accordance with law.
Law Points
- Family Court jurisdiction
- maintainability of suit
- Section 7 Family Courts Act
- 1984
- Section 19(1) Family Courts Act
- preliminary issue
- plaint return
