VIJAYALAKSHMY Vs. P.K.JAYASHREE

JUDGEMENT

(1.) The appellant is the mother of the first respondent. The second respondent is the husband of the first respondent.

(2.) The appellant filed O.P.No.536/2013 against the respondents in the Family Court for realisation of an amount of twenty six lakhs rupees allegedly due to her from them. The respondents filed an application as I.A.No.457/2015 praying that the original petition may be dismissed for want of jurisdiction by the Family Court to try the case. They contended that the parties to the original petition are not parties to a marriage and therefore, the Family Court has got no jurisdiction under Section 7 of the Family Courts Act , 1984 (hereinafter referred to as 'the Act') to entertain and try the original petition. On the other hand, the appellant contended that the transaction, on the basis of which she claimed money from the respondents, is one that took place in circumstances arising out of a marital relationship and therefore, the original petition filed by her is maintainable under Clause (d) of the explanation to Section 7(1) of the Act. The Family Court negatived the contention of the appellant and ordered that the original petition shall be returned to her for presentation before the proper court having jurisdiction. The aforesaid order is challenged in this appeal.

(3.) We have heard the learned counsel for the appellant and also the respondents.