Can family court rule in property tangle?
The Bombay High Court (HC) will decide on Tuesday whether a foreign national couple settled in India can settle their dispute before the Family Court or have to approach the high court, reports Urvi Mahajani.india Updated: Feb 17, 2009 01:11 IST
The Bombay High Court (HC) will decide on Tuesday whether a foreign national couple settled in India can settle their dispute before the Family Court or have to approach the high court.
Justice AV Nirgude on Monday said that he would decide on the issue while hearing a suit filed by Sabah Khan, wife of Pakistani singer Adnan Sami.
Sabah, a Dubai national, filed a suit in the HC last week seeking that Sami hand over possession of five flats in Oberoi Sky garden, Andheri which were gifted to her by the singer. Besides, the singer and his family be restrained from entering the flats.
Sami’s counsel Ravi Kadam argued that although both are foreign nationals, they had registered their marriage at the Bandra Family Court and also the disputed properties are in Mumbai.
Sabah’s counsel, S.U. Kamdar, opposed saying that since they were foreign nationals, the family court will not entertain it. There have been several cases where the family court refused to entertain property matters as the couple was foreign nationals, Kamdar argued.
Sabah had stated in the petition that Adnan was treating her with “cruelty”. Adnan refuted the allegations stating she was doing this out of spite.