JUDGMENT

(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

The present appeal is filed by the plaintiff before the Family Court, Kalaburagi aggrieved by the order passed by the Family Court whereby it has directed to return the plaint observing that Court has no jurisdiction to entertain the suit stating that the suit is barred in terms of Section 7 of the Family Courts Act , 1984 and falls outside the jurisdiction of a Family Court.

2. The parties are referred to by their rank before the Trial Court.

3. Plaintiff had filed suit seeking for a declaration that defendant No.1 is not the legally wedded wife of the plaintiff and defendant Nos.2 and 3 are not the children of the plaintiff. Further, plaintiff had sought for passing of an order to restrain defendant No.1 from claiming herself as the wife of the plaintiff and defendant Nos.2 and 3 to be restrained from claiming themselves as children/daughters of plaintiff by granting a decree of perpetual injunction against them.

4. The facts as asserted in the plaint are that Anil is the legally wedded wife of the plaintiff and plaintiff has begotten three children from within the said wedlock.

5. The specific case of the plaintiff that defendan