MARY W/O. ANTONY Vs. ANTONY AND OTHERS

JUDGEMENT

(1.) The proceedings before the family court was in fact a suit. It was filed to get a gift deed set aside. The family court passed the impugned order directing to return the original petition for presentation before the proper court. The petitioner is in appeal.

(2.) The case of the petitioner may be briefly stated as follows: Herself and the 1st respondent decided to live together as husband and wife. A marriage agreement was executed by and between them. It was registered on 08.04.1984. The petitioner decided to marry the 1st respondent in order to have a secured life in the society. The 1st respondent was keeping illicit relationship with many women. The relationship between the petitioner and the 1st respondent collapsed when one Mary claimed herself to be the daughter born to the 1st respondent in another woman. There were property transactions between by the petitioner and the 1st respondent. Ultimately she executed a gift deed in his favour in respect of her sole property. The extent of the property was 2.625 cents. The gift deed is vitiated by fraud, misrepresentation, undue influence et cetera.

(3.) The 1st respondent did not file written statement. He died pendente lite. Respondents 2 and 3 were impleaded as his legal representatives. They supported the petitioner.