K. S. JAYA GOPAL Vs. SEEMA

JUDGEMENT

(1.) The husband is the appellant. The original petition was filed by the husband claiming a decree for declaration, mandatory injunction and prohibitory injunction.

(2.) For the sake of convenience, the parties are referred to as, "husband", "wife" and "builder".

(3.) The marriage between the parties was solemnized on 26/2/1984. Three children were born in their wedlock. The marriage was dissolved on 21/3/2001 by the Sharjah Federal Court of First Instance. Originally, the husband instituted a suit before the Additional Sub Court, Ernakulam, for the same reliefs as in the present original petition. A counterclaim was also filed by the wife. The parties adduced evidence. After adducing evidence, on 22/1/2010, the original petition filed by the husband was allowed and the counterclaim was disallowed. The said judgment was challenged before this Court in RFA No. 226 of 2010. This Court set aside the judgment dtd. 22/1/2010 holding that the Sub Court has no jurisdiction to try the matter and accordingly, directed the Sub Court to return the plaint. Accordingly, the plaint and the counterclaim were re-presented before the Family Court, Ernakulam. The records were called for. The parties did not adduce any fresh evidence. Thereafter, the Family Court, after an elaborate consideration of the issues, dismissed the original petition filed by the husband and allowed the counterclaim filed by the wife.