N KANAGESWARY Vs. T SHRIKANDARAH RUBINDRANATHAN

JUDGEMENT

(1.) Whether the Original Side Jurisdiction of the High Court to decide the property dispute between the spouses is ousted by Sections 7 & 8 of the Family Court Act, 1984, is the core issue that arises for consideration in this intra-Court Appeal.

(2.) The Respondent thereafter filed a Civil Suit in C.S. No. 1081 of 2007 before the Original Side of this Court against the Appellant praying for a decree of Partition of the residential flat into two and for allotment of one share to him. The Appellant filed a Written Statement dated 29th June 2009 disputing the claim made by the Respondent. According to the Appellant, there was no contribution from the Respondent for the purpose of purchasing the flat. The Appellant contended that the entire sale consideration was paid by her and considering the relationship between the parties, the flat was registered in joint name. Accordingly, the Appellant prayed for dismissal of the Civil Suit.

(3.) The Appellant thereafter filed an Application in Diary No. 20369 of 2009 in C.S. No. 1081 of 2007 with a prayer to transfer the Suit to the Family Court at Chennai for trial.