Property Dispute Between Mother & Child Does Not Fall Under Explanation (c) To S.7(1) Family Courts Act, Civil Court Jurisdiction Not Barred
Case: Brinda & Ors v. Muktha K.N.
Coram: Justice MR Anitha
Case No.: RSA NO. 44 OF 2022
Court Observation: “…there is no question of arising a dispute with respect to property in between the parties to marriage or any circumstances arising out of marital relationship since the plaintiffs and the defendant are wife and children of late Narayanan.”
When the suit was filed for setting aside a will executed by the deceased, since no questions regarding marital status, validity of marriage and rights arising therefrom are involved, and since no adjudication in that regard is to be made, whether the Courts below had erred in finding that the suit is not maintainable before the Civil Court, and that it could be adjudicated only by a Family Court.
“…the dispute between a mother and children cannot at any moment can be included under Clause (c) of explanation to Section 7(1)”
“The mother and children cannot be taken as parties to marriage and the property as the property of the parties to marriage or of either of them so as to attract the bar under Explanation (c) to Section 7(1).”
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