K.K. Sasidharan, J.

1. Whether the Original Side Jurisdiction of the High Court to decide the property dispute between the spouses is ousted by Section 7 & 8 of the Family Court Act, 1984, is the core issue that arises for consideration in this intra-Court Appeal.

The facts:

2. The Appellant married the Respondent on 24th February 1993 in accordance with the custom prevailing among the Hindus. Thereafter, difference of opinion arose between the parties resulting in filing a Divorce Petition by the Appellant before the Family Court in O.P.No.1314 of 2004. The Respondent remained ex parte in the said proceedings. Accordingly, the Principal Family Court was pleased to grant a decree of divorce on 25th October 2004 in O.P. No.1314 of 2004, dissolving the marriage between the Appellant and the Respondent.

3. The Respondent thereafter filed a Civil Suit in C.S. No. 1081 of 2007 before the Original Side of this Court against the Appellant praying for decree of Partition of the residential flat into two and for allotment of one share to him. The Appellant filed a Written Statement dated 29th June 2009 disputing the claim made by the Respondent. According to the Appellant, there