A civil suit filed by property owners seeking injunction or possession against a daughter-in-law, where the cause of action is based on proprietary rights, does not fall under the exclusive jurisdiction of the Family Court as it does not arise from circumstances of the marital relationship.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Article 227 of the Constitution of India, 1950, seeks following prayers: -

“i. Set aside the impugned order dated 26.07.2023 passed by the Ld. Senior Civil Judge, Shahdara District, Karkardooma Courts, Delhi in case titled 'Kusum Singh vs. Vikas Singh & Anrs.' bearing CS No. 24/2023 and transfer the case CS No. 24/2023 titled as 'Kusum Singh vs. Vikas Singh & Anrs.' to the concerned Family Court, Shahdara District, Karkardooma Courts, Delhi and

ii. Pass such order or orders as this Hon'ble Court may deem fit and proper under the given facts and circumstances of the case in the interest of justice.”

2. The present petition assails the impugned order dated 26.07.2023 passed by learned Civil Judge, Shahdara District, Karkardooma Courts in CS No. 24/2023, whereby application under Order VII Rule 11 of the CPC filed on behalf of the present petitioner/defendant No.2 was dismissed and the case was put up for completion of pleadings and further proceedings.

3. The subject suit, CS 24/2023, was filed on behalf of respondent no. 1/plaintiff seeking mandatory and permanent injunction along with mesne profits with pendente lite and future interest against present petitioner and respondent no. 2/defendant No.1. It is pertinent to note that respondent No.1 is mother-in-law of present petitioner, and mother of respondent No.2. In the subject suit, an application was preferred by the petitioner under Order VII Rule 11 read with Order VII Rule 10 read with Section 151 of the CPC for dismissal of the suit filed on behalf of respondent No.1.

4. At the outset, it is appropriate to refer to the factual background between the parties. The marriage of the petitioner was solemnized with respondent No.2 on 20.02.2018 as per Hindu rites and rituals. It is stated that in December 2020, the respondents herein purchased a new house, A-12, Gali No.4, Bihari Colony, Shahdara, Delhi-32, in view of which respondent No.2 took Rs.5,00,000/- Lakhs from the father of the petitioner and loan from his office. On 12.12.2022, respondent No.2 file a divorce petition, Case No.2180/2022, seeking divorce from the petitioner and same is pending and adjudication before the Court of learned principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi. It is further stated that respondent No.1 in connivance with respondent No.2 filed the aforesaid civil suit seeking a decree of permanent and mandatory injunction. It is further stated that respondent No.2 had brutally harassed and forced the petitioner to leave her matrimonial house. A FIR No.44/2023, under Sections 323/341/506 of the IPC, was also lodged at the instance of present petitioner against respondent No.1 at PS Farsh Bazar. On 23.05.2023, the petitioner filed a maintenance petition, MT No.256/2023, under Section 125 of the CrPC seeking maintenance for her daughters and herself. The petitioner had also filed a complaint, CT No.256/2023, against the respondents under Section 12 of the Protection of Women from Domestic Violence Act.

5. It is the case of the petitioner that suit filed by respondent No.1 ra