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CASE NO.:

Appeal (civil) 3322 of 2003

PETITIONER:

K.A. Abdul Jaleel

RESPONDENT:

T.A. Shahida

DATE OF JUDGMENT: 10/04/2003

BENCH:

CJI., S.B. Sinha & AR. Lakshmanan.

JUDGMENT:

J U D G M E N T

[Arising out of SLP (Civil) No.8996 of 2001]

S.B. SINHA, J :

Leave granted.

Whether the Family Court has jurisdiction to adjudicate upon any

question relating to the properties of divorced parties arises for consideration

in this appeal. The said question arises out of a judgment and order dated

20.03.2001 passed by a Division Bench of the Kerala High Court dismissing

an appeal from an order passed by the Family Court, Ernakulam, dated

22.07.1998 in O.P. No.343 of 1996.

The parties to this appeal were married on 03.01.1988. A female

child was born out their wedlock on 11.10.1988. Allegedly, after the birth of

the second child, owing to deterioration in the health of the respondent

herein, the relationship of the parties became strained. The respondent

contended that at the time of marriage, a large amount in cash as also gold

ornaments were given. From the cash amount the