BALAKRISHNAN, J.

1. The short question that arises for consideration in this appeal filed under Section 19 of the Family Courts Act, 1984 is whether the Family Court lacks jurisdiction to decide the claim made by the first respondent-wife against her husband’s brother for return of money and whether the O.P. filed by her before the Family Court is a suit or proceeding ‘in circumstances arising out of a marital relationship’ as mentioned in explanation (d) to Section 7(1) of the Family Court Act (for short ‘the Act’). The first respondent-wife filed O.P. before the Family Court against her husband and his brothers. As against the appellant herein, the claim made by her was for recovery of Rs.1,20,700/-. Her case is that while the marital relationship between her and her husband (1st respondent in the O.P.) was subsisting, as directed and influenced by her husband, she stood as a surety for the appellant in a chitty transaction and since the appellant defaulted payment of the amount, a sum of Rs.28,500/- was recovered from her salary and thereafter she remitted Rs.92,200/- to close the loan transaction so as to avoid recovery of amount from her salary which was attached fo