Case Brief: K.A. Abdul Jaleel. Vs. T.A. Shahida

Deciding Authority: Supreme Court of India
Date of Judgment: 10th April, 2003
Bench: Justice S.B. Sinha & AR. Lakshmanan
Facts of the Case: The question for consideration in this case is Whether the Family Court has jurisdiction to adjudicate upon any question relating to the properties of divorced parties arises for consideration this appeal. The said question arises out of a judgment and order dated 20.03.2001 passed by a Division Bench of the Kerala High Court dismissing an appeal from an order passed by the Family Court, Ernakulam, dated 22.07.1998 in O.P. No.343 of 1996.
The parties to this appeal were married on 03.01.1988. A female was born out their wedlock on 11.10.1988. Allegedly, after the birth of the second child, owing to deterioration in the health of the respondent herein, the relationship of the parties became strained. The respondent contended that at the time of marriage, a large amount in cash as also gold ornaments were given. From the cash amount the appellant herein purchased a property described in Schedule ’A’ of the petition on 01.02.1988. The balance amount was kept by the appellant. He allegedly further sold the gold ornaments of the respondent and out of the sale proceeds he purchased the property described in Schedule ’B’ of the petition.
Judgment of the Case: The Supreme Court held that the two proceedings are absolutely separate and distinct. The impugned judgment does not show that the said question was even argued before the High Court. As indicated hereinbefore, the factual issue involved in this appeal revolved round as to whether Exhibit A1 was obtained by applying force or undue influence upon the appellant. The said contention has been negatived by both the Family Court as also the High Court. We, therefore, find no merit in this appeal which is dismissed with costs.