2024 Supreme(Ker) 333
RAJA VIJAYARAGHAVAN V., P. M. MANOJ
Naseem K. E. – Appellant
Versus
K. Kadher Nazeer S/o K. M. Kadher – Respondent
Advocates:
Advocate Appeared:
For the Petitioners: A. Balagopalan, A. Rajagopalan, M.N. Manmadan, M.S. Sreejith.
For the Respondent: Saigy Jacob Palatty.
Judgement Key Points
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JUDGMENT :
P.M. MANOJ, J.
1. The above Original Petition is preferred being aggrieved by Ext.P3 order passed by Family Court, Ernakulam. The Family Court rejected the challenges raised by the petitioner as regards the maintainability of the Original Petition.
2. Short facts are as under:
The Original Petition before the Family Court was preferred by Sri. K. Kadher Nazeer, arraying his wife Jubairiya C.K. as the 1st respondent, and the petitioner herein as the 2nd respondent. It was contended in the petition that the marriage between him and the 1st respondent was solemnized on 17.11.1991. While he was working abroad, the wife mooted a proposal for the purchase of 5 cents of land belonging to her father. He contends that though the sale consideration was provided by him, the property was purchased in the name of the wife. Later, the relationship between the husband and wife became strained. On his arrival back to India in 2018, February, he realised that his wife had already sold the property to the 2nd respondent/petitioner claiming that she is the actual owner of the property. It was in the above backdrop that the petition was filed before the Family Court to declare that the petition
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