B GAJENDRAN Vs. ADHILAKSHMI

JUDGEMENT

(1.) The important question is as to whether the Hindu wife, who is not living with her husband, can maintain a suit before the Family Court constituted under the Family Courts Act, 1984 for a decree of perpetual injunction to restrain the husband from alienating his own property. The petitioner is the sole defendant in O.S. No. 124 of 2012 on the file of Principal Family Court at Chennai. The respondent is the plaintiff and she is the legally wedded wife of the petitioner. The petitioner has filed a petition for divorce in O.P. No. 900 of 2012 on the file of III Additional Family Court, Chennai. The said case is pending trial.

(2.) The petitioner has entered into a joint venture agreement with the owner of the suit properties herein. As per the agreement, the petitioner has to construct buildings and in terms of the agreement, he has got right to sell away some of the flats, on completion of the project. While so, the respondent has filed the present suit seeking the following relief:

(3.) I have heard the learned senior counsel for the petitioner and also perused the records carefully.