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2021 Supreme(UK) 363

MANOJ KUMAR TIWARI
Bharti Agrawal – Appellant
Versus
Vishal Agrawal – Respondent


Advocates Appeared:
Piyush Garg, Advocate, Vikas Bahuguna, Advocate

JUDGMENT

Manoj Kumar Tiwari, J. - Appellant and respondent were married as per Hindu Rites on 26.06.2004. On 10.11.2004, learned Family Court passed a decree of divorce based on a compromise entered into between them.

2. On 02.08.2021, respondent (Husband) filed a Money Recovery Suit against the appellant, contending that a sum of Rs. 20,00,000/- was advanced by him to the appellant during subsistence of the marriage, with the understanding that same will be returned by the appellant after 15 years; since the amount has not been returned upon expiry of 15 years, therefore, a decree be passed directing the appellant to return the amount with 9% interest. The said suit was registered as Misc. Case No. 375 of 2021 "Vishal Agrawal Vs. Smt. Bharti Agrawal" and, without notice to the appellant, plaint of the suit was rejected by learned Civil Judge (Senior Division), Dehradun vide order dated 01.09.2021 by holding that suit is not maintainable before a Civil Court and only the Family Court has jurisdiction to try such case under Section 7 (c) of Family Courts Act, 1984.

3. Respondent, thereafter, filed an application, seeking review of the order dated 01.09.2021, and learned Civil Judge (Se

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