Jurisdiction

Querist : Anonymous (Querist) 07 June 2022 This query is : Resolved
Parties are divorced. The husband filed a case against the wife for the transfer of her share of joint property (a flat where she resides) owned by them post-divorce to him in the family court. Further, asked for a return of maintenance paid towards the children alleging that she could have supported herself and the children all these years after the divorce. Does the family court have jurisdiction on this matter? If yes, how does one assess the court fee payable on such a matter? The suit is a declaratory suit stating he is the sole owner of the property.

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Quick Summary

This discussion clarifies whether a family court has jurisdiction over a post-divorce case involving the transfer of joint property and a claim for the return of maintenance paid for children. The consensus is that family courts do have jurisdiction in such matters, with specific guidance on court fees for declaratory suits. It's also confirmed that maintenance paid to children or a divorced wife is generally non-refundable, even if the wife is earning.

Dr J C Vashista (Expert) 08 June 2022
Yes, Family Court enjoy jurisdiction on such properties, wherein ad-valorum court fees shall be payable.
However, maintenance paid to children/ divorced wife (even if she is earning) is non-refundable.

SHIRISH PAWAR, 7738990900 (Expert) 08 June 2022
Hello,

Yes, the family court has jurisdiction to decide the suit.

For declaratory suit minimum stamp duty is payable. Rs. 200/- stamp duty applicable in Maharashtra.

P. Venu (Expert) 08 June 2022
Yes, Family Court has the jurisdiction. However, the issue as to transfer of property could have been agitated together with the divorce petition. Law and its procedure does not approve multiplicity of litigations.

Advocate Bhartesh goyal (Expert) 08 June 2022
Agree with above experts.

kavksatyanarayana (Expert) 09 June 2022
I agree with the views of the above experts.

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