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

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

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