Jurisdiction

Sanjay Gowda (Querist) 05 January 2011 This query is : Resolved
Does a family court have jurisdiction to entertain a suit filed by a wife for partition and seperate possession from her husband, mother-in-law and father-in-law? (as all the four are the co-owerners of the property A schedule wife's share is 60 %) and (husband and wife are the co-owners of the property B schedule wife's share is 50%)please clarify.

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Guest (Expert) 05 January 2011
NO. but the court has got such powers

Raj Kumar Makkad (Expert) 05 January 2011
Such matters do not come within the ambit of family court.

Advocate Bhartesh goyal (Expert) 05 January 2011
No,Family court has no jurisdiction to entertain/try the suit for partition and possession.Such type of suits are only tried by civil courts.

G. ARAVINTHAN (Expert) 05 January 2011
Family Court have power only to deal with the suits in which questions as to Parentage, Legal heirship and not partition/injunction

Amit Minocha (Expert) 06 January 2011
The family Court doesnot have jurisdiction but nothing much will change as it shall at the most transfer the Case to the appropriate Court.

Gulshan Tanwar (Expert) 06 January 2011
Civil Courts will come into action.

Sanjay Gowda (Querist) 08 January 2011
There is no spliting up of a same cause of action should be asked for the in the same suit under order 2 rule 2 of cpc and therefore a suit against her husband in the family court and another suit against her mother-in-law and father-in-law ins the ordinary civil court is barred by law. she has a common cause of action.

thank you all for ur suggestions and i have found an citation AIR 1997 Kerala 231.

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