SANJAY KUMAR SHARMA Vs. VIDYA SHARMA

JUDGEMENT

(1.) This revision petition is directed against an order dated 29-6-2002 passed by the Civil Judge (S.D.), 1st Court. Cuttack, in Title Suit No. 196 of 2002 holding that he has jurisdiction to entertain the suit filed by the present opposite party No. 1 as the plaintiff.

(2.) The brief facts leading to this petition are that marriage between the present petitioner and opposite party No. 1 was solemnised on 10-2-1995 as per Hindu rites and customs whereafter they lived as husband and wife in the house of the petitioners father, i.e. opposite party No. 2. On 4-10-2001, a deed of family settlement was executed between the petitioner and his father, opposite party No. 2 to the effect that the petitioner would relinquish all his right, title, interest and possession over the residential house of opposite party No. 2, but the petitioner would be allowed to stay in the said residential house till the end of April 2002, after which he will have his separate residence and opposite party No. 2 will give a sum of Rs. 50,000/- to the petitioner for the said purpose.

(3.) As it appears from the averments made in the present revision petition, a petition was filed by the present opposite party No. 1 before the Judge, Family Court, Cuttack under Section 13 of the Hindu Marriage Act, basing mainly upon the deed of settlement, and the same was registered as Civil Pro-ceeding No. 209 of 2002. It is alleged that after the said proceeding was initiated and notice was received by the opposite parties, opposite party No. 1 filed Title Suit No. 196 of 2002 with the following relief :