Family Court has jurisdiction to adjudicate upon any question relating to the properties of divorced parties

📌 *Supreme Court: Family Court has jurisdiction to adjudicate upon any question relating to the properties of divorced parties*

*The fact of the matter, as noticed hereinbefore, clearly shows that the dispute between the parties to the marriage arose out of the properties claimed by one spouse against the other. The respondent herein made a categorical statement to the effect that the properties were purchased out the amount paid in cash or by way of ornaments and the source of consideration for purchasing the properties described in Schedules 'A' and 'B' of the suit having been borne out of the same, the appellant herein was merely a trustee in relation thereto and could not have claimed any independent interest thereupon. It is also apparent that whereas the agreement marked as Exhibit A1 was executed on 17.09.1994, the appellant pronounced Talaq on 01.11.1995. The wordings 'disputes relating to marriage and family affairs and for matters connected therewith' in the view of this Court must be given a board construction. The Statement of Object and Reasons, as referred to hereinbefore, would clearly go to show that the jurisdiction of the Family Court extends, inter alia, in relation to properties of spouses or of either of them which would clearly mean that the properties claimed by the parties thereto as a spouse of other, irrespective of the claim whether property is claimed during the subsistence of a marriage or otherwise.*

*IN THE SUPREME COURT OF INDIA*

Civil Appeal No. 3322 of 2003

Decided On: 10.04.2003

*K.A. Abdul Jaleel  Vs.  T.A. Shahida*

Hon'ble Judges/Coram:
*V.N. Khare, C.J., S.B. Sinha and A.R. Lakshmanan, JJ.*

Citation : *MANU/SC/0301/2003*

Comments