NASSARUDHEEN Vs. SAJITHA

JUDGEMENT

(1.) The contention that has been raised by the petitioners, who were impleaded in O.P. No. 303/2004 on the file of Family Court, Ernakulam, is that the dispute between themselves and the respondent, Sajitha, cannot be adjudicated by the Family Court.

(2.) Sajitha filed O.P. No. 303/2004, before the Family Court, Ernakulam, praying for realization of the money against her husband and her mother inlaw. During the pendency, she bought petitioners herein, as additional respondents 3 and 4. Under Ext. P3 Order, the implement was allowed. This was challenged on the ground that, they were strangers and they were not present at the time of the transaction of the properties during the marriage between Sajitha and her husband.

(3.) Both sides relied on the decision in Shiny v. Goerge and others (AIR 1997 Kerala 231). After a detailed discussion, the learned Single Judge of this Court (P. K. Balasubramanyan, (J)), as he then was, came to the conclusion that