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1989 Supreme(Mad) 482

BAKTHAVATSALAM, S.MOHAN, S.RAMALINGAM
Mary Thomas, T. K. Chandrasekar – Appellant
Versus
K. E. Thomas, N. Margaret – Respondent


Advocates:
A.C.Muthanna, for J. James, M. Sridhar and C. Pandarasamy, for Appellant (in O.S.A. No.21/89); N.S.Varadachari, for Applicant (in all Applications); G. Subramanian, for S. Badrinath, for Respondent (in O.S.A. No.21/89); M. Jagadeesan, for Opposite Parties (in all Applications).

Judgement

S. RAMALINGAM, J.:- Civil Suit Diary No.20871 of 1988 was filed by the appellant (wife) against the respondent, her husband, on the Original Side of this Court, praying for a judgment and decree for a permanent injunction against the respondent (defendant) from interfering with her possession and enjoyment of certain property, for a declaration that the power of attorney executed by her to the respondent is unenforceable, for accounts for the amounts specified in Schedule 'A' to the plaint and for return of all the documents specified in the plaint Schedule 'C', the documents being title deeds, etc. By orders dated 24-11-1988, Abdul Hadi, J. held that the suit is not maintainable in entirety and the plaint was directed to be returned for presentation before the Family Court.

2. The learned Judge held that the expression, 'District Court' in S.7 of the Family Courts Act, 1984 (Act of 1984), hereinafter referred to as the 'Act', includes the High Court, particularly because of S.2(e) of the Act. He further held that Explanation (c) to S.8 of the Act would be attracted because this is a suit or proceedings between the parties to a marriage with respect to the property of the p













































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