ORDER :

1. Leave granted.

2. The appellants – plaintiffs had instituted a civil suit (O.S. No.222 of 1998) in the City Civil Court at Madras seeking, inter alia, following reliefs:

“A. Declaring that the first plaintiff is the legally wedded wife of the deceased Gunaseelan S/o V.M. Aalai.

B. Declaring that the plaintiffs 2 to 4 are the legitims to children of the first plaintiff and late Gunaseelan S/o Alai.

C. Declaring that the first plaintiff as wife, the plaintiffs 2 to 4 as children and the 3rd defendant as mother are the legal heirs of late Gunaseelan S/o V.M. Aalai.”

3. The suit was filed in a situation where the legal heirship obtained by the plaintiffs – appellants was sought to be challenged by the defendants 1 and 2 who claimed to be the wife and son of late Gunaseelan whom the plaintiff no.1 also claimed to be her husband.

4. The suit was decreed by the learned trial Court which decree was affirmed in First Appeal. The High Court, in Second Appeal, took the view that having regard to the nature of the suit and the reliefs claimed the civil court had no jurisdiction to entertain the suit which lay within the domain of the Family Court constituted under the Family Courts Act, 19