R.BHASKARAN, M.SASIDHARAN NAMBIAR
Joseph – Appellant
Versus
Marium Thomas – Respondent
Key Points: - The Civil Court has jurisdiction to execute a Family Court decree under Section 18(3) of the Family Courts Act, and there is no necessity to send the decree to another court for execution (!) (!) . - Section 7 and its Explanation exclude Civil Court jurisdiction only in certain marriage-related proceedings; here the appellant was not a party to the marriage or claiming maintenance, so Civil Court jurisdiction is not ousted (!) (!) . - Section 52 of the Transfer of Property Act can apply to charges over property even in non-suit contexts; a charge claimed on the plaint schedule property bars transfers after filing, and a bonafide purchaser cannot prevail against the decree for charge (!) (!) (!) . - The decree obtained against the second respondent was not shown to be collusive; the suit was filed earlier (1993) and the appellant purchased in 1996; the record does not support a finding of collusion (!) (!) . - The decree provides a charge on the plaint schedule property for maintenance; the appellant is not entitled to challenge the correctness of the decree as he is not a party to the suit (!) (!) . - The appeal regarding execution is dismissed; the reasoning relies on lis pendens principles and Section 52 applicability to charges (!) . - The property purchase after filing of the maintenance suit is subject to the charge created by the decree; thus the appellant cannot claim priority over the charge (!) .
Bhaskaran, J.
This appeal is filed by a third party claimant in E.P.2/2003 in O.S.226/1993 on the file of the Family Court, Kottayam at Ettumanoor. The first respondent in the appeal obtained a decree for maintenance against the second respondent and the decree made it clear that the claim for maintenance will be a charge on the plaint schedule property. The suit was filed as early as on 8-12-1993 before the Munsiff Court, Ettumanoor claiming maintenance at the rate of Rs.750/- per month. The suit was decreed on 20-12-1992 at the rate of Rs.500/- per month from 1-1-1994 charging the plaint schedule property for the claim for maintenance. On the date of filing of the suit itself there was a petition for attachment before judgment and a conditional attachment was ordered. In the decree passed on 20-12-1995 the Munsiff Court granted a charge for the plaint claim over the plaint schedule property. On 29-2-1996 the second respondent sold the property in favour of the appellant showing a consideration of Rs.1 lakh. Subsequently E.P.49/1997 was filed for realization of the decree debt by the first respondent against the second respondent. On 26-11-1998 the petitioner filed E.A.
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