During a divorce proceeding, it is common that there is one spouse’s property with another spouse. There can be other issues relating to the movable as well as immovable property between the warring couple. Family Courts in India have jurisdiction to try all such disputes. The family court has the jurisdiction to try a suit for reclaim or return of stridhan even though it was not part of the main proceeding under. The women is not required to file two separate application for return of her stridhan, but can do so by way of one application claiming the same from her husband and his family members. Where the magistrate directs the husband to return stridhan and hand over custody of the minor son to the wife, the same would be valid as the offence against the wife would be a continuing wrong. But where no list was signed by the husband or his parents such list cannot be taken into cognizance as the same would not be taken as provide. Where the marriage was declared a nullity or was dissolved by a decree of divorce. And the wife files for return of gold and silver ornaments given to her by her parents the application filed under section 27, r 7 and 151 of CPC can be allowed by the court in its inherent jurisdiction under s 27 of the family court Act. A suit by the wife for return of the money that she had handed over to her husband after taking its from her father is not an independent commercial transaction between the father-in-law and the son in law and the money so handed over to him for promoting, maintaining and nurturing marital relationship would be a transaction in circumstances arising out the martial relationship and the settlement of this claim is within the jurisdiction of the family court.
A dispute between the spouses relating to item of property of the husband when he after placing absolute trust and implicit faith by execution of a power of attorney in favour of his more educated, competent and qualified wife who was assisting him in business to facilitate her to Act on his behalf found that she had abused he position and a resulting dispute from such a situation would be within the jurisdiction of the family court.
