GENU ALIAS GANU Vs. JALABAI

JUDGEMENT

(1.) THIS is defendants appeal against the judgment and decree passed by the Family Court, decreeing the suit of the plaintiffs for partition and separate possession and perpetual injunction.

(2.) THE case of plaintiffs is that the 1st plaintiff is legally wedded wife of the 1st defendant. THE plaintiffs No.2 to 5 are the children born to them. THE 1st defendant has deserted the plaintiffs. THE 1st plaintiff performed the marriages of plaintiffs No.2 to 4 by raising loan from private persons. THE 1St plaintiff is indebted to creditors. THE 1st defendant agreed to make payment of the loan amount to discharge the said loan. Now he has changed his attitude and failed to repay the amount to the creditors.

(3.) THE defendants No.2 to 9 who are none other than Smt. Sharadabai and her children were subsequently impleaded as parties to the suit. THEy filed a separate written statement supporting the stand taken by the 1st defendant. THEy have denied the relationship between the parties as setout in the plaint. THEy further contended that the suit is not maintainable before the Family Court at Gulbarga as the Family Court is not having jurisdiction to try the suit for relief of partition under Section 7 of the Family Courts Act, 1984, for short hereinafter referred to as "the Act". THErefore, they sought for dismissal of the suit.