Sumithra vs S.Malathi @ Usha
2022 Latest Caselaw 10706 Mad

                                                                                C.R.P(PD).No.1888 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 21.06.2022

                                                             CORAM :

                                     THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                   C.R.P.(PD).No.1888 of 2022
                                                   and C.M.P.No.9636 of 2022
                     1.Sumithra
                     2.Minor Eshin                                                         ... Petitioners

                                                                 ..Vs..
                     1.S.Malathi @ Usha
                     2.S.Suresh                                                         ... Respondents
                     Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of

                     India, to strike off the plaint in O.S.No.61 2016 pending on the file of the VI

                     Additional Family Court, Chennai as the first respondent/plaintiff has got no

                     right to invoke the jurisdiction of the Family Court under Section 7 of the

                     Family Court Act in the interest of justice.

                                        For Petitioner      : Mr.R.Ganesan

                                                             ORDER

This Civil Revision Petition has been preferred to strike off the

suit in O.S.No.61 of 2016 pending on the file of the VI Additional Family

Court, Chennai.

https://www.mhc.tn.gov.in/judis C.R.P(PD).No.1888 of 2022

2.The petitioners are the defendants 2 and 3 in the suit filed by the

first respondent/plaintiff in O.S.No.61 of 2016. The first respondent

/plaintiff claims herself as the wife of the second respondent/first

defendant and she has filed a suit for the relief of permanent injunction in

the Family Court, Chennai.

3.The learned counsel for the petitioner submitted that as per

Section 7(1)(c) of the Family Courts Act, 1984, a civil suit can be filed

only in respect of the properties owned by the spouses and not against 3rd

parties like the petitioner herein.

4.On a perusal of the plaint averments, it is seen that the first

respondent/plaintiff has alleged that she has supplied the financial

resources for purchase of the suit property with a belief that the property

will be registered in the name of her husband/2nd respondent/first

defendant.

https://www.mhc.tn.gov.in/judis C.R.P(PD).No.1888 of 2022

5.The learned counsel for the petitioner further submitted that

those allegations are against the provision of Benami Transactions

(Prohibition) Act, 1988, and the suit is not maintainable. He also

attracted the attention of this Court to the criminal Court's judgment

made in C.C.No.1553 of 2018, dated 08.03.2022, which is a private

complaint filed by the first respondent/husband.

6.All these matters are to be taken as defence of the petitioner in

the suit pending before the Family Court, Chennai. So far as the suit is

concerned, it has been taken on file based on the allegation that the

source for purchase of the property is by way of selling the jewels of the

first respondent. The merits of the case cannot be looked into at this

stage. Had the first respondent filed a suit against this civil revision

petitioner alone without impleading her husband as the first defendant,

the suit could have been clearly barred under Section 7(1)(c) of the

Family Courts Act.

https://www.mhc.tn.gov.in/judis C.R.P(PD).No.1888 of 2022

7.Under such circumstances, I find no ground for interference and

the petitioners are at liberty to take up their defence before the Family

Court.

8.Accordingly, the Civil Revision Petition is dismissed. No costs.

Consequently, connected Miscellaneous Petition is also closed.

21.06.2022

vkr

Index:Yes No Speaking Order:Yes/No

To

1.The VI Additional Judge, Family Court, Chennai.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis C.R.P(PD).No.1888 of 2022

R.N.MANJULA,J.

Vkr

C.R.P.(PD).No.1888 of 2022 and C.M.P.No.9636 of 2022

21.06.2022

https://www.mhc.tn.gov.in/judis