Family Court -- Property Dispute Between Spouses-- Explanation (c) Of Section 7(1) Family Courts Act Exclusively Vests Jurisdiction Over Property Disputes Between Married Parties In Family Court
Under Explanation (c) of Section 7(1) of the Family Courts Act, 1984, suits or proceedings between parties to a marriage with respect to property owned by them or either of them are exclusively cognizable by the Family Court. A civil court inherently lacks jurisdiction to entertain and decide such disputes. The bar on jurisdiction applies regardless of the nature of relief sought — including mandatory injunction or direction to execute a sale deed — if the dispute is between married parties concerning their property.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech