The case, redirected to Family Court, highlights jurisdictional mandate under the Family Courts Act, 1984
In a significant judgment, the Allahabad High Court has annulled a previous decree by the Additional Civil Judge in a property dispute involving estranged couple Sachin Kumar and Smt. Nidhi Dohre. The High Court, presided by Justice Sandeep Jain, emphasized the exclusive jurisdiction of Family Courts in matters involving property disputes between spouses, as per Section 7 of the Family Courts Act, 1984.
The case originated when Sachin Kumar filed a suit for a mandatory injunction, seeking sole ownership of a jointly booked property with his wife, Smt. Nidhi Dohre. The Additional Civil Judge had dismissed the suit on the grounds of joint ownership, leading to Kumar's appeal.
Justice Jain noted the core issue was the jurisdiction of the court, highlighting that disputes regarding matrimonial property fall exclusively under the Family Court's purview. The High Court ruled the previous judgment a nullity due to the civil court's lack of jurisdiction. As a result, the suit has been redirected to the competent Family Court for fresh adjudication within six months.
The judgment underscores the importance of adhering to jurisdictional mandates, preventing similar procedural oversights in the future.
Bottom Line:
Property disputes between husband and wife fall under the exclusive jurisdiction of Family Courts as per section 7 of the Family Courts Act, 1984. A decree passed by a court lacking inherent jurisdiction is null and void.
Statutory provision(s): Family Courts Act, 1984 Section 7, Civil Procedure Code, 1908 Order VII Rule 10, Res Judicata - Section 11 CPC
Sachin Kumar v. Smt. Nidhi Dohre (Allahabad) : Law Finder Doc id # 2852470
