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1995 Supreme(AP) 639

P.VENKATRAMA REDDY
Izzat Sultana – Appellant
Versus
Sabir Bin Yasrab – Respondent


P. VENKATARAMA REDDY, J.

( 1 ) THE petitioners herein are the wife and children of the respondent. They filed asuit-O. S. (SRNo. l2798/95)which was allotted to the II Asst. Judge, Citycivil court, Hyderabad. The plaint was returned for presentation in proper Court, by an order dated 1-9-1995. The learned Asst. Judge took the view that in view of Section 7 (c) and (d) of the Family Courts Act, 1984, the suit cannot be entertained by the Civil Court. On appeal, the learned Addl. Chief Judge confirmed the said order. The appellate Court held that Section 7 (c) applies to the instant case and therefore the Family Court is the proper forum in which the suit has to be filed. Questioning this order, the present CRP has been filed.

( 2 ) UNDER Section 7 (c), "a suit or proceeding between the parties to a marriage with respect to the property of the parties or either of them, falls within the exclusive jurisdiction of the Family Court". The suit sought to be filed by the petitioners is a suit for permanent injunction restraining the Respondent- defendant from interfering in any manner with the possession and enjoyment of the plaintiffs right in respect of a premises known as bin Try Souk S


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