BHARTI AGRAWAL Vs. VISHAL AGRAWAL

JUDGEMENT

(1.) Appellant and respondent were married as per Hindu Rites on 26/6/2004. On 10/11/2004, learned Family Court passed a decree of divorce based on a compromise entered into between them.

(2.) On 2/8/2021, respondent (Husband) filed a Money Recovery Suit against the appellant, contending that a sum of Rs.20,00,000.00 was advanced by him to the appellant during subsistence of the marriage, with the understanding that same will be returned by the appellant after 15 years; since the amount has not been returned upon expiry of 15 years, therefore, a decree be passed directing the appellant to return the amount with 9% interest. The said suit was registered as Misc. Case No. 375 of 2021 "Vishal Agrawal Vs. Smt. Bharti Agrawal" and, without notice to the appellant, plaint of the suit was rejected by learned Civil Judge (Senior Division), Dehradun vide order dtd. 1/9/2021 by holding that suit is not maintainable before a Civil Court and only the Family Court has jurisdiction to try such case under Sec. 7 (c) of Family Courts Act, 1984.

(3.) Respondent, thereafter, filed an application, seeking review of the order dtd. 1/9/2021, and learned Civil Judge (Senior Division), Dehradun has reviewed his earlier order and directed for return of the plaint, vide order dated 04. 10.2021. This Appeal is directed against the order dtd. 4/10/2021 passed in respondent's review application.