SARANGAPANI Vs. VASANTHA

JUDGEMENT

(1.) The respondents in I.A.No.6/2000 in O.S.No.4 of 1997 before the Judge of the Family Court, Pondicherry, are the revision petitioners herein. The respondents herein have filed an application under Order VI Rule 17 C.P.C. to amend the plaint and the same was allowed by the Family Court in I.A.No.6 of 2000 by order dated 23.11.2000 and the same is challenged in this Civil Revision Petition.

(2.) This Civil Revision Petition is filed under Article 227 of the Constitution of India contending that the jurisdiction of the Family Court is limited in the sense that the relief sought for in a suit or proceeding must be "between the parties to a marriage" but whereas the concern proceedings in this case is not between the parties to a marriage and therefore the Family court has no jurisdiction.

(3.) The respondents have filed the suit as indigent person and subsequently it was registered as O.S.No.4/97 in which they have filed an application for amendment. The original prayer in the petition was (a) to declare the petitioners as indigent persons (b) pass an order of mandatory injunction directing the respondent to return her "B" schedule property; (c) direct payment of a sum of Rs.500/- per month to each of the petitioner from the date of the petition from the first respondent; (d) direct payment of a sum of Rs.3,000/- towards arrears of maintenance from first respondent from April 1996 to June 1996. (e) pass an order of injunction restraining the respondents, their men, or agents from encumbering the "C" schedule property.