Property Disputes Between Husband And Wife Fall Within Exclusive Jurisdiction Of Family Court: Allahabad High Court
The Allahabad High Court has held that only Family Court has the jurisdiction to deal with disputes (suits or other proceedings) between married couples regarding the properties owned by them. Justice Sandeep Jain held,“Explanation (c) of Section 7(1) of the Family Courts Act,1984 provides that suits or proceedings between the parties to a marriage with respect to the property of the parties...
The Allahabad High Court has held that only Family Court has the jurisdiction to deal with disputes (suits or other proceedings) between married couples regarding the properties owned by them.
Justice Sandeep Jain held,
“Explanation (c) of Section 7(1) of the Family Courts Act,1984 provides that suits or proceedings between the parties to a marriage with respect to the property of the parties or of either of them, are only cognizable by the Family Court.”
Parties were married in 2015. In 2017, the plaintiff-appellant-husband booked a flat along with his wife, as a co-owner. The husband claimed to be the sole and absolute owner of the property as he was the sole person who paid for the flat. Due to differences and matrimonial discord, the husband filed a suit seeking mandatory injunction against the wife and a direction to her to execute the sale deed in his name as he was in possession of the flat at the time of desertion by the wife.
Since the wife did not appear before the Trial Court despite service of notice, the suit was proceeded ex-parte. The Trial Court dismissed the suit on grounds that the wife was the joint owner and no direction could be passed forcing her to execute the sale deed in the husband's name. Plaintiff-husband challenged this order before the High Court.
Referring to Section 7 of The Family Courts Act,1984 which provides the jurisdiction of the Family Courts, Justice Jain held that Explanation (c) of Section 7(1) empowered the Family Court to deal with disputes between married couples regarding properties jointly owned by them.
Holding that the Additional Civil Judge (Senior Division), Court No. 10, Ghaziabad, inherently lacked jurisdiction to entertain and decide the matter between the parties, the Court directed that the plaint be returned to the plaintiff for presenting it before the appropriate Family Court.
Accordingly, the appeal was allowed and the judgment and decree of the Civil Court was set aside.
Case Title: Sachin Kumar Versus Smt Nidhi Dohre And Another 2026 LiveLaw (AB) 111
Case Citation: 2026 LiveLaw (AB) 111