G PENTAMMA Vs. G ANJALI

JUDGEMENT

(1.) The jurisdiction of the Family Court, Hyderabad, in entertaining O.P. No. 387 of 2005 under Section 7(1) Explanation (c) of the Family Courts Act, 1984 is under challenge.

(2.) O.P. No. 387 of 2005 was filed by the first respondent herein against her husband, the second respondent herein, and her sisters-in-law, the petitioners herein, seeking a declaration that she was the joint owner of the petition schedule property along with her husband and to consequently declare the sale deed bearing document No. 1193 of 1998 dated 15.05.1998 as invalid and not binding on her. By the said sale deed, the second respondent sold the petition schedule property, being the house bearing M. No. 10-3-199, Humayunnagar, Hyderabad, to his three sisters, the petitioners herein. It was the case of the first respondent before the Family Court that she had contributed a half share towards the construction of the petition schedule house and was therefore entitled to be declared as joint owner along with her husband. She further alleged that the sale made by her husband in favour of his sisters was motivated by malice only to deprive her of her share and was therefore not binding on her.

(3.) While so, the petitioners herein filed I.A. No. 796 of 2005 in O.P. No. 387 of 2005 under Order VII, Rule 11 of the Code of Civil Procedure seeking rejection of the O.P. in limine. The Family Court by its order dated 24.04.2006 dismissed the I.A. holding that it had jurisdiction to entertain the O.P. as per Section 7(1) Explanation (c) of the Family Courts Act, 1984 (for short, 'the Act of 1984') as the O.P. was filed in respect of the house property of the husband and his sisters had been impleaded as they purchased the house. Aggrieved by the dismissal of their application, the sisters filed the present Civil Revision Petition.