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1. Jurisdiction of Family Court to adjudicate on properties of divorced parties. Analysis: The judgment in question deals with the issue of whether a Family Court has jurisdiction to decide on matters related to the properties of divorced parties. The case involved a dispute between a married couple who got divorced, and the wife claimed ownership of certain properties purchased during the marriage. The Family Court initially decreed the suit in favor of the wife, declaring her the owner of specific properties. The husband appealed this decision to the High Court, arguing that the Family Court lacked jurisdiction to decide disputes regarding properties claimed by a divorced spouse. The husband relied on judgments from other High Courts to support his contention. The respondent's counsel argued that a previous inter-parties judgment of the Kerala High Court had already settled the issue of jurisdiction in such cases, and since the appellant did not challenge that judgment, he could not now dispute the Family Court's jurisdiction. The Family Courts Act, which aims to resolve family disputes and property matters efficiently, was discussed in detail. Section 7 of the Act outlines the jurisdiction of Family Courts, specifically mentioning suits between parties to a marriage regarding their properties. The court emphasized the broad interpretation of the Act's provisions to include disputes over properties claimed by spouses, regardless of the marital status. The court rejected the argument that the term "parties to a marriage" should be limited to those in a subsisting marriage, as this would defeat the purpose of Family Courts set up for family dispute resolution. Citing legal principles, the judgment emphasized the need for a liberal construction of the Act to fulfill its objectives effectively. The court distinguished previous cases involving different legal provisions and clarified that the present case fell within the jurisdiction of the Family Court. The judgment concluded that the Family Court had the authority to decide on the disputed properties, and the appellant's appeal was dismissed with costs. In summary, the judgment clarifies the jurisdiction of Family Courts to adjudicate on property disputes between divorced parties, highlighting the broad scope of the Family Courts Act and the need for a liberal interpretation to achieve its intended goals. The court's detailed analysis of legal provisions and precedents establishes the authority of Family Courts in resolving such matters, ultimately upholding the decision in favor of the respondent.
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