The parties to this appeal were married on 03.01.1988.
The appellant herein pronounced Talaq on 01.11.1995 after his relationship with the respondent became strained.
In terms of the said agreement dated 17.09.1994, the respondent filed a suit marked O.S. No.85 of 1995 in the Family Court on 08.12.1995.
The respondent companytended that at the time of marriage, a large amount in cash as also gold ornaments were given.
Aggrieved thereby and dissatisfied therewith, the appellant preferred an appeal before the High Court which was marked as MFA No.196 of 1999.
From the cash amount the appellant herein purchased a property described in Schedule A of the petition on 01.02.1988.
The balance amount was kept by the appellant.
J U D G M E N T Arising out of SLP Civil No.8996 of 2001 B. SINHA, J Leave granted.
He allegedly further sold the gold ornaments of the respondent and out of the sale proceeds he purchased the property described in Schedule B of the petition.
Both the parties examined themselves as also proved various documents in the said suit before the Family Court.
The said question arises out of a judgment and order dated 20.03.2001 passed by a Division Bench of the Kerala High Court dismissing an appeal from an order passed by the Family Court, Ernakulam, dated 22.07.1998 in O.P. No.343 of 1996.
The appellant in his written statement alleged that the said agreement was signed by him under threat and companyrcion and further companytended that several documents purported to have been executed by him in support thereof were also obtained by applying force.
By reason of the impugned judgment dated 20.03.2001, the said appeal has been dismissed.
Allegedly, after the birth of the second child, owing to deterioration in the health of the respondent herein, the relationship of the parties became strained.
In respect of properties an agreement marked Exhibit A1 was executed by the parties, in terms whereof it was agreed that the properties purchased from the aforesaid amount will be transferred in the name of the respondent by the appellant.
The Family Court by a judgment and order dated 22.07.1998 decreed the suit in favour of the respondent herein upon arriving at a finding that she was the absolute owner of the Schedule A property as also 23/100 shares in the Schedule B property.
Whether the Family Court has jurisdiction to adjudicate upon any question relating to the properties of divorced parties arises for companysideration in this appeal.
A female child was born out their wedlock on 11.10.1988.
