MARIAMMA NINAN Vs. K K NINAN

JUDGEMENT

(1.) The petitioner in O.P. (SR) No.33/96 on the file of the Family Court, Secunderabad, has preferred this appeal against the Order dated 11-7-1996 returning the petition for presentation to the Civil Court.

(2.) Petitioner is the wife of the respondent. Her petition is for partition of petition scheduled property and separate possession. Her main plea is that she contributed a sum of Rs.3,00,000/- for constructing the petition scheduled building.

(3.) It is clear from the impugned order that her petition has been returned mainly on the ground that parties to the marriage can approach the Family Court only "in respect of the property of any nature given at the time of marriage by one of them to the other or on behalf of one of them to the other or the property acquired with the funds given at the time of marriage such as jewellary and land given for Pasupukumkuma by way of gift alone". This reasoning, prima facie, appears to be unsustainable in view of the specific language of Section 7(1) of the Family Courts Act, 1984, which reads as under: