K A ABDUL JALEEL Vs. T A SAHIDA

JUDGEMENT

(1.) The respondent in OP No. 343/96 on the file of the Family Court, Ernakulam is the appellant. The respondent herein filed a petition before the Family Court for a declaration of her right over one item of immovable property and also for partition and separate possession of a share in another item of immovable property. The respondent alleged that her marriage with the appellant was on 3.1.1988 and two children were born in the wed lock. The respondent alleged that the appellant acquired 9 cents of land mentioned as 'A' Schedule in the petition in his name with the funds provided by the respondent. The respondent also contended that 'B' Schedule property was purchased by the appellant with the funds raised by him by selling the gold ornaments of the respondent. The appellant is working in a Gulf country. It is admitted that the appellant divorced the respondent on 1.11.1995 in accordance with the Muslim rites.

(2.) The appellant filed a counter statement before the Family Court denying the allegations contained in the petition. He had also raised a contention that at the time of filing of the petition by the respondent, she was no longer the wife of the appellant and there was no valid subsisting marriage between the appellant and the respondent and, therefore, the petition for declaration of her right over the property and partition and separate possession of a share in another item of immovable property held by the appellant was not maintainable and the Family Court has no jurisdiction to entertain such a petition.

(3.) The Family Court Judge considered the objections and held that under Clause.(c) of Explanation to S.7(1) of the Family Courts Act, the petition filed by the respondent herein was maintainable. This finding of the Family Court is challenged in the appeal.