AMINA BHARATRAM Vs. SUMANT BHARATRAM

JUDGEMENT

(1.) THE plaintiff, Mrs. Amina Bharatram has filed the suit for maintenance and separate residence under Sections 18, 20 & 23 of the Hindu Adoption & Maintenance Act, 1956 as well as for permanent and mandatory injunction and declaration, against the four defendants.

(2.) DEFENDANT No. 1, Mr. Sumant Bharatram is the husband of the plaintiff. Defendants No. 2 & 3, namely, Dr. Vinay Bharatram and Ms. Panna Bharatram are the father -in -law and mother -in -law of the plaintiff and defendant No. 4, Mr. Hemant Bharatram is the brother of defendant No. 1.

(3.) IT appears from the record that various applications are pending for disposal. Two main applications are pressed at this stage; one is I.A. No. 12185/2010 filed by defendant No. 1 under Order VII Rule 11 read with Section 151 CPC, for rejection of plaint, on the ground that the suit has not been properly valued for the purposes of Court fee and jurisdiction. The second application is I.A. No. 12186/2010 filed by defendant No. 1 under Section 8 of the Family Courts Act, 1984(66 of 1984) (in short, called the "FC Act"). Both said applications were taken up on 15th May, 2014. However, when the matter was adjourned for 19th May, 2014, both parties have addressed their submissions only in I.A. No. 12186/2010 as the order to be passed in this application may have some impact in other application.