PRAMEELA Vs. PAVITHRAN

JUDGEMENT

(1.) The singular germane issue in this case is whether O.P.No.1512/2023 before the learned Family Court, N.Paravur (earlier filed as O.P.No.1016/2018 before the learned Family Court, Ernakulam) is maintainable, within the ambit of Sec. 7(1) of the Family Courts Act, 1984 ('Act', for short).

(2.) The aforementioned Original Petition was filed by the respondent - husband against his wife and daughter, namely petitioners 1 and 2 respectively, on the allegation that he is the owner of the property in question - though he had purchased it in the name of his wife - expending his own money, through Sale Deed No.2584/1976, of SRO Paravur. He alleges that the property was held by his wife virtually in trust because, the entire consideration for it was paid by him; but that he was shocked in the year 2018, to understand that she had settled it in favour of the 2nd petitioner, through Settlement Deed No.3305/2016 of SRO Paravur. He thus filed the Original Petition before the learned Family Court, seeking that he be declared to be the real owner of the property and that the above mentioned Settlement Deed be set aside.

(3.) The petitioners resisted the Original Petition by filing I.A.No.2/2023, contending that it is not maintainable before the learned Family Court; and this has culminated in Ext.P4 order against them, which is impugned by them in this Original Petition.