Granting Bail Does Not Shield Foreign Nationals from Executive Action on Visa Violations: Delhi High Court Contempt Jurisdiction Cannot Be Misused to Resolve Substantive Disputes or Replace Execution Mechanisms: P&H High Court Eviction Proceedings Must Follow Principles of Natural Justice: Telangana High Court Quashes Eviction Order under Senior Citizens Act Limitation Law | Sufficient Cause Cannot Be Liberally Interpreted If Negligence or Inaction Is Apparent: Gujarat High Court Mere Pendency of Lease Renewal Requests Does Not Constitute Bona Fide Dispute: Calcutta High Court Upholds Eviction Proceedings Under Public Premises Act CGST | Declaratory Nature of Safari Retreats Ruling Mandates Reassessment of Input Tax Credit Claims: Kerala High Court Changing Rules of the Game Mid-Way Violates Articles 14 and 16 of the Constitution: Rajasthan High Court Disapproval of a Relationship Does Not Constitute Abetment of Suicide Without Direct Instigation or Mens Rea: Supreme Court Limitation Period Under Section 166(3) of the Motor Vehicle Act Cannot Defeat Victim’s Right to Compensation: Gujarat High Court Maintenance To Wife Cannot Be a Precondition for Bail: Supreme Court Clarifies Scope of Section 438 CrPC Court Cannot Rewrite Contract When Vendor Lacks Ownership of the Property: Calcutta High Court Dismisses Appeal for Specific Performance Royalty Can Be Levied on Minor Minerals Like Brick Earth, Irrespective of Land Ownership: Supreme Court Bail in Heinous Crimes Must Be Granted with Adequate Reasons and Judicial Scrutiny: Supreme Court Judicial Review in Disciplinary Cases Is Limited to Fairness, Not Reappreciation of Evidence: Supreme Court Prolonged Consensual Relationship Cannot Be Criminalized as Rape on False Promise of Marriage: Madras High Court No Interference in Judgments Without Perversity or Legal Error Under Section 100 CPC: Andhra Pradesh HC

Family Court Entertains Suit for Injunction Against Husband and Daughter from First Marriage – Himachal HC

07 May 2024 8:19 AM

By: Admin


In a significant ruling, a Family Court upheld its jurisdiction to entertain a suit seeking an injunction against a husband and his daughter from his first marriage. The judgment, delivered by Justice Sandeep Sharma, sets a precedent for similar cases involving third-party rights arising from prior settlement deeds within a marital relationship.

The case revolved around a dispute between a wife (the plaintiff) and her husband (defendant No.1), who executed a settlement/gift deed in favor of his daughter (defendant No.2) from his first marriage. The deed was executed out of love and affection to secure the future of his daughter, rather than any marital obligation.

In the judgment, Justice Sandeep Sharma noted, “Today, parties to the lis made claim that defendant No.2 has not become an absolute owner, but definitely, on account of the Rapat entered in the Rapat Rojnamcha and attestation of mutation, she can claim to have right in the property as detailed in the plaint.”

The court found that defendant No.2 already had an independent interest in the suit property before the settlement with the plaintiff. The settlement/gift deed executed by defendant No.1 was recorded in the revenue record and was not the sole basis of defendant No.2’s interest in the property.

The court further observed, “Leaving everything aside, this court finds that as per the averments contained in the plaint, defendant No.1 vide settlement/gift deed, settled part of land at Mohal Shilla in Khasra Nos. 474, 498, and 499 (kita-3) in favor of his daughter, meaning thereby interest of defendant No.2 has been created much prior to the settlement deed dated 31.8.2021.”

Addressing the issue of jurisdiction, the court ruled that the suit was not barred under Explanation (c) or (d) of Section 7(1) of the Family Courts Act, as the circumstances leading to the injunction did not arise exclusively from the marital relationship.

The court relied on previous precedents and held, “It is quite apparent from the aforesaid law laid down by Hon’ble Apex Court that the exclusion of the jurisdiction of a civil court is not readily to be inferred unless the conditions above set down apply.”

The court dismissed arguments attempting to transfer the suit to a family court, stating that the suit property was not exclusively owned by one of the parties to the marriage due to defendant No.2’s independent interest created earlier.

This landmark judgment clarifies the jurisdiction of family courts in cases where third-party rights are involved due to prior settlement deeds within a marital relationship. It serves as a precedent for future cases dealing with similar issues.

Date of Decision: July 21, 2023

Beverley Singh  vs Tejinder Singh And Another

Similar News