AMANNAN KHAN Vs. JUDGE FAMILY COURT HYDRABAD

JUDGEMENT

(1.) This revision under Article 227 of the Constitution of India raises a jurisdiction point regarding the maintainability of O.S.No.100 of 1997 on the file of the Family Court, Hyderabad.

(2.) Mr.Mohd. Zia-Ul-Haque, the learned counsel for the petitioner, submits that the petition was the husband of 2nd respondent, but the marriage between them was dissolved on 12-2-1997. After the 2nd respondent ceased to be the wife of the petition, she had instituted the above suit on the file of the 1st respondent-Family Court in respect of the suit schedule house on the premise that she is the absolute owner and exclusive possessor of the same and that the petitioner has got no right, title or interest over the same.

(3.) The suit schedule house was the matrimonial home where both the petitioner and the 2nd respondent resided and since the dissolution of the marriage, a dispute has ensured inter se the parties, each party is claiming that it has got title and possession in the property in question.