C.RAJA Vs. M.SRIDEVI

JUDGEMENT

(1.) The above Civil Revision Petition is filed under Article 227 of the Constitution of India with the prayer to strike off the plaint in OS.No.296/2015 pending on the file of the learned III Additional Judge, Family Court, Chenai, and consequently to dismiss the said suit.

(2.) The petitioner in the above Civil Revision Petition is the husband of the respondent and defendant in the suit in OS.No.296/2015. The wife of the petitioner, namely, the respondent herein, filed the suit in OS.No.296/2015 before the learned III Additional Judge, Family Court, Chennai for permanent injunction restraining the petitioner herein from alienating the suit schedule property to any third party in whatsoever manner. The suit property is described as a flat measuring 275 sq.ft., in the second floor of a building in South Boag Road, T.Nagar, Chennai-17.

(3.) The case of the respondent in the plaint is that the petitioner married her on 12/6/2014. It is her further case that after marriage, the couple started living in the matrimonial house of the petitioner. The respondent/wife had made several allegations in the plaint against the petitioner herein and it is stated that with fraudulent motive and to deceive the respondent, the respondent was forced to go to her parental home. It was her further allegation that the petitioner had deserted her and she filed a suit for permanent injunction with the specific allegation that she has got right to reside in the husband's place namely the suit property. It is also alleged that the revision petitioner is trying to alienate the suit property.