Serrkumaran G vs V Kumari Shylaja on 20 July, 2026

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    Bangalore District Court

    Serrkumaran G vs V Kumari Shylaja on 20 July, 2026

                                                             1                OS No. 26483/2018
    
    
                                         TITLE SHEET FOR JUDGMENTS IN SUITS
    KABC0A0036882018
    
                                    IN THE COURT OF XIII ADDL.CITY CIVIL
                                         COURT AT BENGALURU
                                             (CCH.No.22)
    
    
    
    
                              Present:      Sri. ONKARAPPA.R, B.Sc., LL.B.
                                         XIII ADDL.CITY CIVIL & SESSIONS JUDGE,
                                                        BENGALURU
    
                                     Dated this the 20th day of July, 2026
    
                                                           O.S. No.26483/2018
    
                       PLAINTIFF:                       Mr.SREEKUMARAN.G
                                                        Aged 71 years,
                                                        S/o Gangadharan House No.
                                                        3/61A, Near Krishnan Koil,
                                                        Thippramalai, Karungal 629157.
                                                        Kanyakumari Dist. Tamil Nadu.
                                                                  (By Sri. NN Advocate)
                                                        VS
    
                       DEFENDANTS:                      1. Mrs.V.KUMARI SHYLAJA
                                                        Aged 61 years,
                                                        D/o Vijayamma Thanckachy.
                                                        No.136/14 (Janaki), 2nd Floor,
                                                        2nd Cross, Ejipura Main Road,
                                                        Viveknagar, Bangalore 560047
                                       2                 OS No. 26483/2018
    
    
                                2. Mr.S.KANNAN
                                S/o V.Kumari Shylaja and
                                Sreekumaran.G
                                Aged 34 years, No.136/14
                                (Janaki), 2nd Floor, 2nd Croos,
                                Ejipura Main Road, Viveknagar,
                                Bangalore 560047
    
                                             (By Sri. V.P.K, advocate)
    
    Date of Institution of the suit              24.11.2018
    
    Nature of the suit                           Eviction and
                                                 Recovery of possession
    
    Date of Commencement of                      25.02.2020
    recording of evidence
    
    Date on which judgment was                   20.07.2026
    Pronounced
    
    Total Duration                        Year      Month       Day
                                           07         07         27
    
                                            sd/-
                                      ( ONKARAPPA.R )
                                 XIII Addl. City Civil & Sessions
                                      Judge, Bengaluru.
                                        3         OS No. 26483/2018
    
    
                          SCHEDULE PROPERTY
    SCHEDULE A
    
         All the piece and parcel of property bearing BBMP No.
    New 14, Old No. 136/15 and 136/16, situated at 2nd Cross,
    Ejipura, Viveknagar Post, Bangalore South Taluk, along with
    twenty year old residential structure building standing
    thereon in ground floor, first floor and 2nd Floor. Ground
    and first floor having built area is about 1500 Sq.ft. each.
    The 2nd floor is having two living portions each of 600
    Sq.ft R.C.C roof, 150 sq.ft. of home office covered with
    asbestos roof and 150 Sq.ft of common area. The 2nd floor
    North side portion; which is having an area of 600 sq.ft
    that is described under Schedule B is excluded from this
    schedule A building property.
    
    Building Site
    
    Measuring:
                 East              :50-0.
                 West              :50-0
                 North             :46-0
                 South             :39-0
    
    
    Bounded as follows
    
    East by             :Private property,
    West by             :30 feet wide road,
                                         4                 OS No. 26483/2018
    
    
    North by          :Property no 14 of Uthra Mary,
    South by          : Property belongs to Manjubai.
    
    
    SCHEDULE B
    
          Building 2nd floor North side living portion. This
    portion is having a living floor area of 600 Sq.ft. with
    R.C.C roof. Defendants 1 and 2 occupy the North side living
    portion area.
    
    Bounded as follows:
    
    1. North: Building Boundary wall
    
    2. South- South side living portion having a floor space
    area of 600 sq.ft. covered with R.C.C roof, where Plaintiff 's
    tenant is staying.
    
    3. East: Building Boundary wall
    
    4. West-: Plaintiff Home office with Asbestos roof and open
    space with staircase to access building roof top and down
    staircase.
    
                             : J U D G M E N T :

    The plaintiff has filed the suit in against the
    defendants for eviction and recovery of possession of
    Schedule ‘B’ property from the defendants and for an order
    to the defendants to remove their goods and vacate
    5 OS No. 26483/2018

    schedule B property within two months from the date of
    grant of decree.

    SPONSORED

    2. The Plaintiff’s suit in brief is: the Plaintiff is the
    absolute owner in possession and enjoyment of the Schedule
    property bearing Khatha; Municipal No. New 14 situated at
    2nd Cross, Egipura, Bangaluru 560047; which is described
    in detail in the Schedules hereunder and hereinafter referred
    as Schedule A (entire building property but excludes
    Schedule B portion) and Schedule B (only the portion
    occupied by Defendant 1 and 2). Out of the marriage we
    have a daughter named S.Dhanya and a Son named
    S.Kannan. Daughter done her Engg. Deg. and now aged 37
    years (D.O.B-29.6.1981), is working in a Bengaluru I.T firm
    and she is living separately with her husband and a child.
    Defendant-1 V.Kumari Shylaja is plaintiff’s ex wife. The
    plaintiff filed the H.M.O.P 48 of 2007 for divorce under
    section 13 of Hindu Marriage Act before the 1st Additional
    Sub-Judge, Nagercoil Tamil Nadu. The Learned Judge
    granted a decree for divorce. The Respondent in H.M.O.P
    No.48 of 2007 filed her first appeal CMA No.16 of 2010
    6 OS No. 26483/2018

    before the Principal District Judge, Kanyakumari District at
    Nagercoil. The Learned Appellate Judge confirmed the
    decree of Divorce of the Trial Court. Also she filed M.С.
    No.1546 of 2007 before 6th additional Principal Judge family
    court, at Bengaluru for restitution of conjugal rights. The
    learned Judge dismissed her petition on 29-10-2018.
    Defendant-2 named Mr.S.Kannan is our son; aged 34 years
    (D.O.B. 23.10.1984); still unmarried and without doing any
    work living in an irresponsible way and residing with his
    mother Defendant 1 in my building portion at 2nd floor
    Northern side living portion, which is having an area of 600
    sq.ft is described under Schedule B. Defendant 2’s physical
    and mental health conditions are getting worsened due to
    his laziness and computer addiction. He simply obeys his
    mother and don’t have any contact with outside world. This
    Schedule B portion is a part of plaintiff’s main building and
    all remaining portions are in plaintiff’s full possession and
    enjoyment, which are detailed under Schedule A. The
    plaintiff purchased first the property schedule-A and B
    house site as per sale deed using his salary savings he got;
    while working in Iran. Subsequently with the money the
    7 OS No. 26483/2018

    plaintiff earned by working in Kuwait, the plaintiff
    constructed the house in that site. Both the defendants 1
    and 2 are unlawfully trying to prevent me from enjoying
    the peaceful possession of the plaintiff self-earned property
    and hence they have to be evicted from the plaintiff
    Schedule B property for my peaceful possession. The
    Respondent in H.M.O.P No. 48 of 2007 preferred the second
    appeal CMSA No.45 of 2010 along with two petitions;
    M.P.No.1 of 2010 (for interim direction for payment
    Rs.30,000/- per month towards maintenance for her and
    children and another sum of Rs. 50,000/- towards litigation)
    and M.P.No.2 of 2010 (for stay of operation of the decree
    for divorce); before the Hon’ble High Court Bench of Madras
    High Court in Madurai. Based on her above petitions in
    2010, four weeks of interim stay of operation of the decree
    of divorce was granted. It was not further extended. The
    Honorable High Court Judge who heard our final arguments
    reserved the judgments on 15th December, 2015 and without
    pronouncing judgments went on retirement in May 2017.
    Thus second appeal is still pending before the Madurai
    Bench of High Court at Madurai. The plaintiff worked for
    8 OS No. 26483/2018

    about 3 years in Iran and 9 years in Kuwait. At the age of
    56 after returning for good from abroad the Defendant No.1
    realized that the plaintiff no more a money making
    machine. She gave no value to the plaintiff’s words and
    started abusing him. She gave false police complaint against
    the plaintiff for adultery and tried hard to put him in jail
    by engaging lawyers. She sold the 6 acre rubber estate the
    plaintiff raised in her name without his consent and with
    the help of her brother and thus insulted the plaintiff hard
    work and ruined his life long savings. She insisted for her
    permanent residence in Bangalore and refused to accompany
    me to settle in our native place near Nagercoil, Tamil
    Nadu. She filed suits in Bangalore Courts and many
    complaints in police station; while the plaintiff settled in his
    native place, which is about 10 Km. away from her native
    place. Her aim is to make the plaintiff suffer by traveling
    often from Kanyakumari Dist. to Bangalore. Thus our
    relationship got broken once for all since 2006, i.e more
    than 12 years. According to Defendant No.1 statement, in
    2006 the Defendant-2 joined in Computer Engg. Diploma
    course and did not complete his course to safeguard his
    9 OS No. 26483/2018

    mother. i.e. since 2006 till now (i.e for about 12 years),
    Defendant No.2 remains most of the time locked inside his
    living portion in Schedule B, seeing Internet and his only
    companion is a ferocious dog. From this it can be seen that
    daily he is hooked up with the Broadband Internet service
    for more than 20 hours (671/30 Hrs.). Even tenants staying
    in the plaintiff’s building never saw him years together. To
    the knowledge of plaintiff nobody saw any of his interaction
    with outside people, since many years. Few months back
    the plaintiff heard from one person that he goes for
    morning walk around 5 A.M. But only Defendants can
    confirm this. Also Defendant No.1 never welcome others
    inside her portion. About few months back the plaintiff got
    an opportunity to see Son along with Women Activists. The
    plaintiff brought those Activists to see his condition so as to
    save him. First Defendant No.1 did not let them inside her
    portion. Only after their hard persuasions she allowed son
    Kannan to come outside and, talk to them. His condition is
    very pathetic beyond description and alarming. He is tall
    and bulky and having light black skin. Now his lips have
    turned reddish without exposure to sunlight (vitamin D
    10 OS No. 26483/2018

    deficiency) and developed a bend in his shoulder and most
    of his hair turned gray. About 7 years back his condition
    was normal and not like this. He was having very good
    knowledge in computer systems even at his high school
    days. Now he is 34 years old still he is unmarried. If his
    present condition continues no woman will come forward to
    marry him. Thus by insisting her stay in Bengaluru,
    defendant No.1 causes son’s body and mental growth
    retardation, which is clearly a case of domestic violence. It
    gives the plaintiff lot of mental pain; when the plaintiff
    think that in our civilized society a mother is able do such
    a crime against her own son and she is not answerable
    according to law, whereas his father is a silent spectator.
    To save him so far the plaintiff took all sorts of effort by
    bringing his pitiable condition to the notice of her
    Advocates, women right activities, police and Karnataka
    State Human Rights Commission (KSHRC) and her relatives.
    When her Advocates advised her she told them not to
    interfere in her affairs. When the plaintiff contacted KHRC
    asked him to send the complaint through e-mail and
    accordingly the plaintiff send his help request via e-mail
    11 OS No. 26483/2018

    and they send their reply by e-mail expressing their
    inability to help the plaintiff. Police also informed the
    plaintiff that they couldn’t interfere in such family matters.
    Whenever daughter or relatives and known persons tried to
    correct the situation, she refused to heed none of their
    advice and told them they are only trying to support the
    plaintiff and not her. Unfortunately Son’s attachment with
    his mother is so deep, that so far he is not able to realize
    that what his mother is doing in fact destroying him. If the
    plaintiff don’t take proper action now, in future the plaintiff
    may have repent and hence the plaintiff cannot wait any
    more and that is why the plaintiff filed this suit before this
    Court for justice. Defendant No.1 is misusing her right to
    stay in building mainly to take revenge on the plaintiff and
    to support her brothers. Hence as soon as possible to save
    son’s own life, he has to be evicted along with his mother
    and settle them in our native place. Even though Defendant
    No.1 does not require or want any money from the
    plaintiff’s end; in order to save the precious life of son and
    to get him a married life without any further delay, the
    plaintiff offered an alternate residence at his cost in her or
    12 OS No. 26483/2018

    the plaintiff’s native place, which are only 10 Km. apart.
    But so far the Defendants refused all the plaintiff’s offers
    and suggestions. As an adult son Defendant-2 does not have
    any legal right to occupy the plaintiff’s self-acquired
    Schedule-B property and reside there against the plaintiff’s
    consent and wish. His present life style could be corrected
    only by shifting his residence to our native place and for
    that he is to be evicted according to law. Hence the
    plaintiff sent a legal notice giving him a chance to reply on
    8.9.2017. So far Defendant 2 did not bother to send a reply
    or inform anything to the plaintiff. They don’t have any
    difficulty to comply with the plaintiff’s requirements. Their
    non-response shows that they are not interested in shifting
    their residences to our native place. During the plaintiff’s
    entire professional life the plaintiff had after plaintiff’s
    marriage (i.e before plaintiff’s retirement age 56); the
    plaintiff’s worked and stayed with Defendant No.1 in
    number of places for many years i.e in Kodayar 3 years,
    Tuticorin 8 years, Bombay 3 years and in Hyderabad 4
    years. But before the plaintiff’s retirement the plaintiff
    worked only for about 2 months in Bengaluru. Defendant
    13 OS No. 26483/2018

    No.1 already accepted this fact during her deposition in
    divorce petition trial court. She followed the plaintiff
    wherever he worked. Had she got a bit of real love towards
    him and family she would have agreed to come with him to
    our native place for permanent residence at his retirement
    age. Our mother tongue is Malayalam and even don’t know
    to talk in Kannada. Before starting to work in foreign
    countries, the plaintiff could not transfer the plaintiff’s
    children to schools in our native places because of Tamil
    and Hindi language study problems. Hence the plaintiff took
    a flat for rent to stay in Bengaluru only to ensure a smooth
    education to them. The plaintiff never planed for permanent
    family residence in Bengaluru. Her refusal to shift residence
    caused further damage to our strained relation, which led to
    our permanent separation. Hence Defendant No.1 cannot
    assert her claim that she would reside only in the plaintiff’s
    Bengaluru house saying that she has already settled in
    Bengaluru. The plaintiff’s building in Bengaluru is not her
    matrimonial or shared home and now she is divorced. She
    does not have any relatives in Bengaluru to get all sorts of
    supports required for a happy family life in our society.

    14 OS No. 26483/2018

    Defendant No.1 got 4 brothers and 2 elder sisters all her
    brothers are settled in and around their fathers family house
    and her two sisters are residing in Trivandrum, that is
    about 35 Km form our native places. Defendant-1 got a big
    share of property through a UHF partition deed. The
    Defendant-1 doesn’t have any evidence to claim any right
    on the plaintiff house property or spent any money from
    her end to construct the plaintiff house. She considered the
    plaintiff only as a money making machine. By misusing the
    authorization the plaintiff gave to her for money withdrawal
    from the plaintiff’s bank a/c, she transferred lot of
    plaintiff’s money from plaintiff’s NRI and other bank
    accounts. The plaintiff came to know that using money
    diverted from the plaintiff bank a/c and income she got
    from the 6-acre estate and other properties, she purchased
    additional properties from her brothers, that are their share
    of family partition deed and ornaments and also helped her
    relatives and friends. Defendant No.1 also sent the plaintiff’s
    money for improving her properties by way of drilling bore
    well and constructing sheds and boundary retaining walls
    etc. Those evidences the plaintiff had got by way of her
    15 OS No. 26483/2018

    hand written notes in Malayalam language were submitted
    as evidence before the trial court in divorce petition
    H.M.O.P 48 of 2007. Defendant got more than Rupees 22
    lakhs (according to records, whereas actual is more than Rs.
    50 lakhs) by selling property the plaintiff purchased in her
    name. Defendant-1’s sources of income known to the
    plaintiff other than interest she gets from her Bank Deposits
    are listed as follows. In a suit for partition filed as
    O.S.No.362/91 on the file of Additional District Court,
    Padmanabhapuram, Kanyakumari Dist.; she was allotted the
    following properties in the Final Decree. a. Coconut garden
    land, 35 cents in S.No.3274 in Colachal Villlage. This
    property is worth more than 35 lakhs. The monthly income
    is not less than Rs.2000/-. b. 1 Acre 60 cents Garden land
    in Survey No.626/18-1 of Lakshmipuram. The monthly
    income is not less than Rs.5000/-. (Defendant 1 purchased
    75 cents beside this land from her eldest brother for whom
    she sent demand drafts from my bank accounts and I have
    the proof). This land is situated beside an irrigation canal
    and road. This prime land is in residential area and can be
    converted into house sites. Present value of this land is
    16 OS No. 26483/2018

    minimum 4.7 Crores (= 235 cents x Rs. 2,00,000). c.2 Acres
    10 Cents Coconut garden lands in S.No.347/6 of Colachal
    Village. She admitted during evidence in divorce suit
    H.M.O.P 48 of 2007 that she is getting a monthly income of
    Rs.7500/-. (This is a beautiful prime land adjacent to
    Colachal Harbor Main Road suitable for posh residential
    sites. Value of this land is 5.25 Crores (= 210 cents x
    Rs.2,50,000). She knows the fact that her father gave this
    land to her only because of my request. Other wise she
    would have got some other much less value Agri. Land.
    d.Coconut garden measuring 15 cents in S.NO. 142/14 of
    Colachal Village. This property worth-8 lakhs and monthly
    income is not less than Rs. 1500/-. Defendant 1 herself
    agreed in her affidavit before Honorable Sub-court
    Nagercoil, Kanyakumari Dist. Tamil Tamil Nadu that even
    before her marriage she has been in possession of valuable
    properties and as such she has no necessity to utilize the
    plaintiff’s money. But in order to ruin the plaintiff’s life
    long savings during the plaintiff’s old age, without the
    plaintiff’s consent and with her brother’s support she sold
    the rubber estate, that the plaintiff cultivated in her name
    17 OS No. 26483/2018

    in his native place. That rubber estate was costing more
    than 70 lakhs at that time. She deposited whatever sale
    amount she got in her bank accounts around 26-7-2007.
    Because of her high income and wealth she got, she is not
    bothering to look after her own properties; (that were also
    improved by using my amount) by staying in her native
    place. Also she does not want son also to look after family
    properties even though he is not having any work in
    Bengaluru and his body health getting deteriorated due to
    absence of body movements and non-exposure to sunlight.
    As the plaintiff detailed in para 15 b and c, her two prime
    properties alone worth more than 10 Crores, in 2004.
    During the year 2005, the plaintiff expressed his readiness
    to take necessary action to construct a house for us in her
    land and divide these 4 Acre 35 Cents into residential sites
    and sell and invest in her or childrens name in real estate
    to generate more income. First she accepted his proposal,
    but latter on she refused saying, the plaintiff should not
    interfere in her affairs and asked the plaintiff to mind his
    own business. Thus she never co-operated with him to take
    action for the betterment of plaintiff’s family and mentally
    18 OS No. 26483/2018

    never considered the plaintiff as part of her family. She
    followed only her brother’s opinion. The simple reason is if
    Defendant No.1 shifts residence, then they won’t be able to
    enjoy her properties. Unfortunately she still believes in her
    brothers ill conceived honesty rather than her children’s
    welfare and that is why even at 61 she says she don’t want
    to shift her residence to our native place in Tamil Nadu.
    Now Son is 34 years old and the plaintiff expected him to
    take responsibility to look after all family properties. But he
    is doing nothing, but destroying himself. The plaintiff took
    Govt. educational loan from Bank and completed his B.E
    degree and worked hard day and night in deserts to earn
    money. In spite of all this if both Son and his mother shift
    residence to our native place, then if they want any help,
    the plaintiff ready to extend all possible help to them. But
    unfortunately both Defendants are disobedient and they
    don’t have any regard for Hindu family way of life. Hence
    both Defendants have to be evicted in accordance with law.
    Fearing the Defendant-1 harassment by way of police
    complaint and her utterances of filthy words against the
    plaintiff; with no other choice to save the plaintiff’s life on
    19 OS No. 26483/2018

    20-7-2005; the plaintiff permanently vacated his house and
    stayed in a rented house in Bangalore and then to the
    plaintiff’s brother’s house in his native place. In his absence
    Defendant Nos.1 and 2 dumped lot of unwanted things
    (including dog’s shit) inside his home office room in 2nd
    floor. She damaged the home office roof, false ceilings and
    carpeted floors and caused water leakages through first and
    second floor slab ceilings and walls. Water collected inside
    the room and thus all valuable materials and costly carpets
    and books have got perished. Defendant No.1 is growing a
    big roof top garden and damaged the rooftop. Hence the
    whole building got damaged due to water leaks through
    floor slabs. The condition of his building can be seen from
    attached photos Document No.1. She is using precious
    drinking water for gardening and purposely wasting drinking
    water and causing increased water bill, that is nearing
    Rs.5000/- per month. If she is allowed to stay in my
    building, the whole building will be further damaged
    beyond repair and not only that the building floor ceiling
    may collapse due to rusting of steel rods embedded inside
    the RCC slab and if accident happens only the plaintiff will
    20 OS No. 26483/2018

    be held responsible. Since she is very rude the plaintiff
    cannot remove this garden. The plaintiff even afraid to talk
    to her. If the plaintiff do then definitely she will file
    another police complaint. The plaintiff building is already
    20 year old and requires urgent major repair works and to
    do the same Defendant No.1 has to be evicted as she is not
    allowing others inside. Even to carry out simple pumping
    and electrical work at present the plaintiff struggling a lot.
    Dfendant No.1 is harassing the plaintiff tenants by breaking
    pvc water supply pipes, damages water level control floats
    (causing water over flow from tanks), removing water from
    their water tanks for gardening and preventing them from
    going roof top for drying cloths etc.. Tenants staying in my
    building are regularly facing several such criminal incidents.
    She does all these saying them that she is the plaintiff’s
    wife. She also makes walls dirty by scribbled writing
    declaring that she has filed O.S No. 170 in family court etc.
    Based on complaints from tenants staying in my building on
    13th July 2017, all went with a complaint to Viveknagar
    Police station; expecting some Police help to solve problems
    they faced from the Defendant No.1. At that time Defendant
    21 OS No. 26483/2018

    No.1 also submitted a fabricated complaint to Police against
    modifying water pipes. Police refused to register our
    complaints saying, “cannot involve in civil matters”.
    Whenever Defendant-1 is in police station she acts as if she
    is very poor, innocent and obedient lady. As she does not
    have any other work; she does the above activities as if it
    is her daily work. The plaintiff suffering from heart
    problems and diabetes, which requires controlled food and
    regular medication for survival. Due to her continued stay
    in Bengaluru, the plaintiff forced to travel long distance and
    faces food and medication problems. One of my younger
    brothers died last month due to heart problems and another
    elder brother just escaped from paralysis caused by heart
    attack and only due to timely intervention he could survive.
    Nowadays, the plaintiff feel very tired whenever the
    plaintiff travel long time. The plaintiff feel that in near
    future the plaintiff won’t be able to travel every month to
    Bangalore and back to his residence. Also the plaintiff don’t
    have anybody in Bangalore to render urgent medical
    support during my old age. At this rate the plaintiff may
    have to sell or reverse mortgage his building; which is his
    22 OS No. 26483/2018

    life long savings and then get admitted into an old age
    home. Hence the plaintiff humbly beg court to ensure his
    fundament rights to live with dignity and ensure a peaceful
    possession of plaintiff’s property by evicting the Defendants
    from the plaintiff self-acquired property in accordance with
    law. It is well settled law that one shall be free to evict the
    divorced wife from his self-acquired property in accordance
    with law. Divorced wife’s prayer for restraining the
    petitioner from alienating the suit property never accepted
    in Hon’ble Supreme Court Judgments. One cannot evict
    forcefully a divorced wife from his house as she got right
    which are available to a tenant; but she can be evicted in
    accordance with law. The plaintiff very much scared of the
    Defendant-1 as she is using filthy words even in the
    presence of other tenants. Neighbors could hear her loud
    abusive words whenever the plaintiff visit his house.
    Frequently threatening him with Police complaints and
    lowering his dignity. Both of them gave Police complaints
    against each other several times, which are of no use to put
    her mouth shut. Hence in order to ensure peaceful
    possession of his house Defendant-1 has to be evicted from
    23 OS No. 26483/2018

    his house in accordance with law. It is evident that the
    plaintiff’s building is damaged due to Defendants violent
    activities. The Defendant Nos.1 and 2 do not have any
    independent right therein to continue to stay. The health
    condition of son is alarming and damages to building are
    now very severe. Hence without evicting Defendants it is
    not possible to restore the normal condition of life of son
    and to carry out any kind of repair works of his building.
    Also she is capable of making son’s condition, his building
    condition and my peace of mind at his old age worse if she
    continues her stay in his building. Always she got her
    brothers support for all kind of her activities. She believes
    in whatever decisions her brothers’ take and vice versa.
    Hence it is more appropriate for the Defendant-1 to shift
    residence to her native place, where she got her 4 brothers
    support and son’s condition will also improve and there by
    plaintiff’s peace of mind and recovery of possession of his
    property portion. The Defendant-1 main aim is to deprive
    income the plaintiff getting from tenants as rent and inflict
    mental torture to the plaintiff. She continues to cause
    financial losses and loss of reputation and creating lot of
    24 OS No. 26483/2018

    problems to the plaintiff. The plaintiff’s Son Defendant No.2
    simply obeys only his mother’s words and destroying
    himself; which is causing lot of mental pain to him. Both
    son and daughter never considered the plaintiff’s presence
    worth and gave no value to his words; this is mainly due to
    fearing of their mother’s mouth. The plaintiff is a Senior
    Citizen aged 71 years. Hence under “The Maintenance and
    Welfare Of Parents and Senior Citizens Act, 2007
    Chapter V,
    Protection of life and property of senior citizen.” The
    plaintiff desperately need protection from them. Hence the
    plaintiff humbly beg court to order protection by evicting
    his son Kannan and ex-wife in accordance with law. The
    cause of action arouse on 16 th August 2018. On that day the
    plaintiff along with women activists went to Viveknagar
    police station at Bangalore at his request and visited 2nd
    floor portion, where both Defendant-1 and 2 are staying.
    But police refused to get involved in our dispute saying, in
    civil matters they cannot involve. KSHRC also expressed
    their inability to help the plaintiff in writing. Hence the
    plaintiff left with no choice other than approaching this
    Honorable Family Court for Justice. The subject matter is
    25 OS No. 26483/2018

    within the jurisdiction of Hon’ble Family Court. The value
    of the unit for the purpose of court fee and jurisdiction is
    as indicated in the valuation slip and proper court fee is
    paid thereon separately. Defendant No.1 herein filed O.S.
    No.170 of 2008 before Hon’ble 1 st additional Principal Judge
    family court, at Bangalore praying for permanent injunction
    to restrain the plaintiff from alienating the Schedule A and
    B properties. This suit is still in evidence stage. The suit
    schedule property is situated within the jurisdiction of this
    Court and as such this Court has got territorial and
    pecuniary jurisdiction to try the suit. Hence, the plaintiff
    sought for decreed the suit.

    3. Defendant Nos.1 and 2 appeared through their
    counsel and they chosen to filed their written-statement.
    Wherein the written-statement they contended, the suit filed
    by the plaintiff is not maintainable in the eyes of law, it is
    filed with the malafide intention and with ulterior motive to
    knock of the suit schedule property from the defendant in
    which defendant has invested her earnings from the rubber
    plantation in her native. The above suit is not maintainable
    either in law or on facts and the same is liable to be
    26 OS No. 26483/2018

    dismissed in lime with exemplary costs. The above suit is
    false, frivolous, vexatious, scandalous, made with a view to
    harass the defendant and hold her for a ransom. The
    plaintiff who is the husband of the defendant is very
    avaricious, unjust, inhuman who wants to make unjust
    enrichment at the cost of defendant, The above suit lacks in
    material particulars and the same is vague and bald. The
    defendant was married to the plaintiff on 9th of June 1976,
    as per the Hindu rights and customs at the state of Tamil
    Nadu, Kanyakumari District. Out of the marriage between
    the plaintiff and the defendant they have two children by
    name Ms.S.Dhanya, (Daughter), Mr.Kannan, (Son). The
    plaintiff and the defendant were living together for the past
    30 years as husband and wife and were living a peaceful
    and happy life. The plaintiff and the defendant had been
    living along with their children at No.136/15,, New
    No.14,2nd Cross, Grape Garden, Ejipura, Bangalore 560 047.
    The defendant that in the year 2006 the behavior and the
    attitude of the plaintiff towards the defendant had started
    changing from bad to worse. The plaintiff had started
    abusing the defendant and harassing her verbally and
    27 OS No. 26483/2018

    physically for the reasons best known to him. In the month
    of august 2006 the plaintiff had left the house and started
    living separately on his own inspite of the children pleading
    with him to come and live with them. The plaintiff did not
    oblige to the pleadings of the defendant and chose to live
    on his own separately. The plaintiff had visited his native
    Kanyakumari District at Tamil Nadu in the month of
    October and came back to Bangalore. One week after the
    plaintiff returning to Bangalore the defendant had come to
    know that the plaintiff had got married to a lady by name
    Ms. Binu on 18th of October 2006 at Kanyakumari, Tamil
    Nadu and started living with her as husband and wife at
    the above mentioned address. In the month of February
    2007 an insurance policy card was sent to the defendants
    address which was received by the defendant. When the
    defendant had looked in to the cover she was shocked to
    know that in the insurance policy the plaintiff had declared
    himself as the husband of the said lady Ms. Binu with
    whom he got married. After going through the insurance
    policy it was confirmed that the plaintiff had got married to
    the lady by name Binu and was living with her as husband
    28 OS No. 26483/2018

    and wife. When the defendant had questioned the plaintiff
    with regard to the said marriage with the lady the plaintiff’s
    answer was not convincing. The defendant had filed a
    petition before the family court for restitution of conjugal
    rights and the same came to be disposed before the Hon’ble
    second additional family court under M.C.No.1546/2007, in
    the said case in spite of pleading that a case is pending at
    Madurai bench of Madras High court under CMSA (MD)
    45/2010 against the lower court judgment, the family court
    at Bangalore had granted divorce of the marriage between
    the plaintiff and the defendant. The appeal case filed at
    Madurai bench of Madras High court under CMSA (MD)
    45/2010 was heard on 19-03-2019 and the stay has been
    extended for further period of three months hence it is
    evident that the order passed by the lower court in Tamil
    Nadu. The plaintiff is trying to alienate or dispose of the
    schedule mentioned property in a hasty manner in favour of
    some other third party. Even though the sale deed
    pertaining to the schedule mentioned property stands in the
    name of the plaintiff considerable portion of the sale
    proceeds was paid by the defendant which she received
    29 OS No. 26483/2018

    from the earning of the rubber plantation at her native. The
    defendant that plaintiff is planning to sell the schedule
    mentioned property and go way to Tamil Nadu and settle
    there along with the lady to whom he got married illegally.
    If the plaintiff alienates or encumbers the schedule
    mentioned property to some other party the defendant shall
    be deprived of her legitimate right on the suit schedule
    mentioned property. The defendant that the plaintiff is
    making hectic effort to dispose of or encumber the
    properties without the knowledge of the defendant. If the
    plaintiff encumbers the property, the defendant shall be
    deprived of the suit schedule property which was purchased
    by investing the defendants earning which she earned out of
    the rubber plantation earnings from her share at the native.
    All the averments mentioned against the defendant is false
    and the plaintiff is put to the strict proof of the same. The
    plaintiff has not come before the court with clean hands,
    but has concealed the fact that the case appeal case is
    pending at the Madurai bench of Madras High court under
    CMSA (MD) 45/2010 pertaining to their marriage. The
    defendant is the wife of the plaintiff and she has inherent
    30 OS No. 26483/2018

    right and lawfully entitled to reside at the suit schedule
    property. The plaintiff has not approached this court with
    clean hands on the other hand he has approached this court
    with malefic intention to harass the defendant and knock of
    the suit schedule property in order to make unlawful gains
    at the cost of the defendant. Therefore the defendant prays
    to dismiss the plaint.

    4. On the basis of the above pleadings my
    predecessor in office has framed the issues in below:-

    ISSUES

    1. Whether the plaintiff proves that
    he is the absolute owner in
    possession and enjoyment of the
    ‘A’ schedule property and ‘B’
    schedule property is part of ‘A’
    schedule property and he is an
    absolute owner of ‘A’ and ‘B’
    schedule properties?

    2. Whether the plaintiff proves that
    the defendant No.1 his ex-wife and
    defendant No.2 is their son and
    both the defendant Nos.1 and 2
    have unlawfully trying to prevent
    31 OS No. 26483/2018

    him from enjoying his suit schedule
    properties and they are evicted him
    from the ‘B’ schedule property?

    3. Whether the plaintiff proves that
    he is entitle for the relief of
    possession of ‘B’ schedule property
    as prayed for?

    4. Whether the plaintiff proves that
    he is entitled for the relief sought
    for?

    5. What order or decree?

    5. In support of the plaintiff’s case, the plaintiff
    himself examined as PW1 and he got marked documents at
    Ex.P1 to Ex.P21. Further the plaintiff also examined one
    C.Immanuel as PW2 and one K.Annadurai as PW3. On the
    other hand on behalf of the defendants, defendant No.1
    examined herself as DW1 and got marked Ex.D1 to Ex.D13.
    Further defendants also examined one Mr.S.Kannan as DW2.

    6. Heard the argument on both sides. Counsel for
    the defendants filed the written argument. Perused the
    records.

    32 OS No. 26483/2018

    7. My findings on the above issues are as under:-

                 Issue No.1 :         In the Negative
                 Issue No.2 :         In the Negative
                 Issue No.3 :         In the Negative
                 Issue No.4 :         In the Negative
                 Issue No.5 :         As per final order for the
    following:
                                :R E A S O N S:
    
    

    8. Issue Nos.1 to 4 : Issue Nos.1 to 4 overlapping
    with each other, hence I would like to taken up issue No.1
    to 4 in conjointly for the common discussion also to avoid
    repetition of the facts and evidence.

    9. As could be seen from the deposition of PW1,
    PW1 reiterated the averments of plaint. In support of the
    case of the plaintiff, PW1 got marked Ex.P1 to Ex.P21
    documents. Ex.P1 is the letter sent by the tenant to the
    plaintiff. Ex.P2 and Ex.P3 are the water bill and receipt.
    Ex.P4 is the certified copy of counter statement. Ex.P5 is
    the certified copy of the deposition of 1 st defendant in MOP
    No.48/07. Ex.P6 is the compromise petition in OS
    33 OS No. 26483/2018

    No.362/1991. Ex.P7 to Ex.P9 are the notice given to
    Karnataka State Human Rights Commission and postal
    receipts. Ex.P10 is the legal notice issued to defendant No.2.
    Ex.P11 and Ex.P12 are the copy of plaint in OS
    No.171/2008. Ex.P13 is the decree in CMA 16/2010, Ex.P14
    is decree in MC 1546/2007. Ex.P15 is the original sale deed
    dated 27.09.1994. Ex.P16 is the khata certificate. Ex.P17
    khata extract. Ex.P18 Tax paid receipt. Ex.P19 is the CD.
    Ex.P20 is the phone bill. Ex.P21 is the notice confronted to
    DW1.

    10. From the deposition of PW2, it evidence PW2
    know the plaintiff and the defendants, their family, native
    place and also financial background as where their mother
    is residing is very near to their native place. Further, PW2
    deposed he know their son Mr.S.Kannan well who is now
    38 years old and unmarried. He was very good in computer
    system software and its application even during his school
    going day. Outside people used to call him to attend
    computer repair works. In 2008 he was admitted to
    St.John’s medical college hospital for intervertebral Disc
    34 OS No. 26483/2018

    Prolapse operation, doctors told that he self inflicted this
    problem due to his bad life style. At that time defendant
    No.1 called PW2 for help from the hospital. PW2 gave
    those helps she asked for. PW2 know well that he was
    keeping very good health till 2006. He became an internet
    addict and subsequently throughout the day he used to
    remain inside the house and his mother never allowed him
    to mingle with others. Her then lawyer Mr.Ravindran even
    offered a job for him to prevent him from always remaining
    inside the building. When he pointed his all such bad life
    style to his mother, she did not like. From that day
    onwards his mother never allowed PW2 to talk to
    Mr.Kannan directly or over mobile till date and PW2 think
    this may be due to her fear that he would convince Mr.
    Kannan to follow his father’s advice and get his help. He
    himself destroying his own life. PW2 know well that
    defendant 1’s parent’s family is very rich and most of her
    family members are residing at her own native place.
    Kannan’s life can be saved only by shifting his residence to
    his native place. PW2 knew about several problems the
    defendant 1 created to Mr.Sreekumaran and prevented him
    35 OS No. 26483/2018

    from keeping the building in good contrition. She has not
    allowed mason and plumber’s to carry out repair works. She
    has grown a big roof top garden and destroyed the R.C.C
    roof top tiles and this caused water leak at several places.
    Many R.C.C roof steel rods already got rusted. Hence the
    building requires major refurbishment civil works. The
    building life can be saved only by shifting defendant’s
    residence to her native place.

    11. Also as could be seen from the deposition of
    PW3, since PW3 came to Bengaluru to attend his work he
    know 1st defendant reside in the ‘B’ schedule property and
    PW3 do not about 2nd defendant and 2nd defendant as he
    never come out of his living position and talk to any other
    persons. further PW3 deposed, defendant-1 creating lot of
    problems to Sreekumaran and preventing him to keep the
    building in healthy contrition. She is not allowing him and
    plumber’s to carry out repair works. She has grown a big
    roof top garden with big trees and unwanted plants grown
    in many heavy pots. The defendant No.1 used corporation
    supplied drinking water to grow that garden and caused
    36 OS No. 26483/2018

    heavy loss to Sreekumaran. Roof top garden already
    destroyed the roof top slab and leak has developed through
    R.C slabs in several places as roof was not built to
    withstand water storage and VENKATESHAY caused rusting
    of steels embedded in the R.C.C floor slab, Roof top
    R.C.C.slab got Cracked at several places. During the last
    rainy season a portion of the parapet wall (about fest in
    length) has fallen down. By the grace of God at that time
    no one was standing on the ground floor. Thus a grave
    accident did not happen. PW3 along with 5 workers worked
    for about two weeks to carry out that damaged portion
    repair works. Finally only fer months back with police
    protection PW3 along with 4 other workers removed that
    roof top garden. But the defendant No.1 again started
    growing similar roof top garden in a haphazard manner and
    again trying to cause further damage to the building roof
    top and wasting drinking water. Hence PW3 swear, only by
    evicting the defendant No.1 the building could be well
    maintained and prevent accidents.

    37 OS No. 26483/2018

    12. In against the case of the plaintiff, defendant
    No.1 also examined herself as DW1 and it could be seen
    from the deposition of DW1, wherein the deposition of
    DW1, DW1 reiterated the averments of written-statement. In
    support of the case of defendants, DW1 got marked Ex.D1
    confronted to PW1 – assets and liabilities. Ex.D2 is the judgment
    decree in OS No.170/2008, Ex.D3 is the judgment in CMSA
    45/2010. Ex.D4 and Ex.D5 are the police complaint dated
    29.05.2016 and 05.07.017. E.xD6 is the original cash bill. Ex.D7
    is the original note book. Ex.D8 is the office copy of police
    complaint. Ex.D9 to Ex.D13 are five self account chits.

    13. Further, it could also be seen from the deposition
    of DW2, the Plaintiff and the Defendant No.1 were living
    together for the past 30 years as husband and wife and
    were living a peaceful and happy life. They have been
    living at No.136/15. New No.14, 2nd Cross, Grape Garden,
    Ejipura main road, Viveknagar, Bangalore 560 047. The
    Plaintiff had started abusing and harassing Defendant No. 1
    and him verbally and physically for the reasons best known
    to him. And in the month of August 2006, the Plaintiff left
    the house and started living separately on his own despite
    38 OS No. 26483/2018

    them pleading with him to come and live with him. The
    Plaintiff did not oblige our pleadings and chose to live on
    his own separately deserting them. The Plaintiff has
    subjected Defendant no. 1/DW2’s mother to utmost cruelty
    by torturing her mentally and subjecting her to physical
    cruelty as well. Further the Plaintiff surpassed the level of
    cruelty by abandoning her and her children without any
    justification and support to survive the livelihood and other
    necessities. The Plaintiff had visited his native Kanyakumari
    District at Tamil Nadu in the month of October and came
    back to Bangalore. One week after the Plaintiff returned to
    Bangalore, they came to know that the Plaintiff had got
    married to a lady by name Ms. Binu on 18 th of October
    2006 at Kanyakumari, Tamil Nadu and started living with
    her as husband and wife. In the month of February 2007,
    an insurance policy card was sent to their address which
    was received by Defendant no.1, and it came to her notice
    that in the insurance policy the Plaintiff had declared
    himself as the husband of the said lady, Ms. Binu, to whom
    he got married. The Plaintiff had abandoned him and
    Defendant No. 1 and has waived off all his obligations
    39 OS No. 26483/2018

    towards them leaving the place and settling in another
    place. The plaintiff is trying to alienate or dispose of the
    Suit Schedule property in a hasty manner in favour of some
    other third party. Even though the sale deed pertaining to
    the Suit Schedule property stands in the name of the
    Plaintiff, a considerable portion of the sale proceeds was
    paid by Defendant No. 1, which she received from the
    earnings of the rubber plantation in her native. The Plaintiff
    is planning to sell the suit schedule property and go back to
    Tamil Nadu and settle there, along with the lady to whom
    he got married illegally. If the Plaintiff alienates or
    encumbers the suit schedule property to some other party,
    the Defendant will be deprived of legitimate right on the
    suit schedule property.

    14. So from the above material, as per the plaintiff,
    ‘A’ schedule property is the mother property and ‘B’
    schedule property is its sister schedule property. The
    plaintiff be the owner of the ‘A’ and ‘B’ schedule property.
    The plaintiff is the husband and 1st defendant was his wife.
    Out of their wedlock the plaintiff and 1 st defendant blessed
    40 OS No. 26483/2018

    2nd defendant and one daughter by name S.Dhanya.
    S.Dhanya lived separately after she got married. Due to the
    family dispute in between the plaintiff and 1 st defendant,
    plaintiff have filed HMOP 48/2007 for divorce under section
    13
    of the Hindu marriage act at before 1 st addl. Sub-Judge
    Nagercoil Tamil Nadu and the plaintiff got the decree for
    divorce, same decree for divorce also confirmed by
    Prl.District Judge, Kanyakumari District in CMA 16/2010. 1 st
    defendant have also filed M.C. 1546/2007 filed under
    section 9 of Hindu marriage act for restitution of conjugal
    right, the same petition was dismissed on 29.10.2018. 2 nd
    defendant though he attained the age of 34 years he has no
    such of definite work and he is one of the irresponsible but
    he reside in ‘B’ schedule property and his physical and
    mental condition was worsened due to his laziness and
    computer addiction. Further, 2nd defendant is under the
    control of 1st defendant. The plaintiff purchased the ‘A’ and
    ‘B’ schedule property site from his salary earned from his
    work at Iran. Subsequently from his salary earned from his
    work at Kuwait, the plaintiff constructed his house. Both
    the defendants are unlawfully trying to restrained the
    41 OS No. 26483/2018

    Plaintiff from enjoying the suit schedule property. In
    against the judgment and decree passed in HMOP 48/07, 1 st
    defendant preferred the 2nd appeal at before Honorable High
    Court of Madhurai Bench along with two petition, wherein
    the 2nd appeal filed in M.P. No.2/2010, it granted interim
    maintenance of Rs.30,000/- to 1st defendant and her
    children along with litigation charges of Rs.50,000/-.
    Though stay the operation of decree for divorce for four
    weeks, the stay have not further extended and the same 2 nd
    appeal in MP 1/2010 and MP 2/2010 still pending for
    disposal at before Honorable High Court of Madras, Madurai
    Bench. Even the plaintiff returned to India after he worked
    about 3 years in Iran and 9 years in Kuwait at the age of
    56 years, 1st defendant disrespected the plaintiff with reason
    no more money with the Plaintiff. 1 st defendant sold 6 acre
    rubber estate as it purchased by the plaintiff in her name
    without consent of the plaintiff. 1st defendant insisted the
    plaintiff to reside in Bengaluru only and 1st defendant not
    ready to come to the native place of plaintiff, namely the
    village near Nagercoil, Tamilnadu. 1st defendant is have the
    habit to filed the complaint and suits in Bengaluru with
    42 OS No. 26483/2018

    intention to put the plaintiff into travel from his native to
    Bengaluru frequently. 2nd defendant locked inside his living
    portion in ‘B’ schedule property and he looked up with
    Broad band internet service for more than 20 hours. Few
    months back it heard by the plaintiff, 2nd defendant use to
    go for walk at morning 5.00am and 1 st defendant never
    allowed any one individual into ‘B’ schedule property. A
    few months back, however the plaintiff made attempt to see
    his son along with women activists, but the 1 st defendant
    did not allow them also. Further, in persuasions of the
    women activists, 1st defendant allowed them to see 2 nd
    defendant and they noticed to the plaintiff, 2 nd defendant
    health was very pathetic due to non exposure to sunlight,
    hence 1st defendant it cause 2nd defendant body and mental
    growth retardation which caused violence. In this regard the
    plaintiff lodged the complaint at before Karnataka State
    Human right commission, 1st defendant misusing her right
    to stay in building mainly to take revenge in against the
    plaintiff. Hence, to give the life of 2 nd defendant it need to
    evicted 1st defendant from ‘B’ schedule property. Further,
    the plaintiff under take to provide alternative residence at
    43 OS No. 26483/2018

    the plaintiff’s cost and near the native place of the plaintiff.
    But, the defendants refused all the offer of the plaintiff.
    Since, ‘B’ schedule property is the self acquired property
    and without consent of the plaintiff, defendants have no
    right to continue in the possession of ‘B’ schedule property.
    Hence, the plaintiff issued legal notice on them and it
    demanded the defendants, to vacated the ‘B’ schedule
    property. Despite, no reply it issued by the defendants. 1st
    defendant always followed the plaintiff where the plaintiff
    was working by different places Kodayur, Tuticorn, Bombay,
    Hydrabad and finally at Bengaluru. 1 st defendant in all time
    undertake to reside along with the plaintiff at the native
    place of the plaintiff, the plaintiff could not transfer his
    children to school at his native place because of problems
    with Tamil and Hindi language. Hence, the plaintiff took a
    flat for rent to stay in Bengaluru only to ensure a smooth
    education to them. Suit schedule property is not
    matrimonial or shared house of 1 st defendant. 1st defendant
    does not have any evidence to claim any right on suit
    schedule property or she has not spent any money from her
    own. From the salary of the plaintiff and it transferred to
    44 OS No. 26483/2018

    the account of 1st defendant, 1st defendant purchased 6 acre
    rubber plant estate along with other properties. 1 st
    defendant got her share of partition from her parents in
    pursuant to a suit on file of OS No.362/91. 1 st defendant
    harassed the plaintiff by lodging the police complaint and
    by abusing in filthy language. Accordingly, the plaintiff
    vacated his house and stayed in the rented house in
    Bengaluru and then to his brother’s house in his native. 1 st
    defendant is harassing the tenants of the plaintiff by
    breaking PVC water supply pipes, removing water from the
    water tank, the plaintiff’s tenants facing several such
    criminal incidents. 1st defendant also make walls dirty by
    scribbled writing declaring that she has filed the suit in OS
    No.170/2008 in family court. Even lodged the complaint in
    against 1st defendant by the tenant of the plaintiff,
    Viveknagar police issued NOC, stating the issue is in
    relating to nature of civil right. The plaintiff suffered by the
    problems of heart and diabetes and it required of controlled
    food and medicine regularly. It well settled law, one
    should be free to evict the divorced wife from his self
    acquired property in accordance with law. Divorced wife ‘s
    45 OS No. 26483/2018

    prayer for restoration of plaintiff from acquiring the suit
    schedule property never accepted in Hon’ble Supreme Court
    judgment. Once cannot evict forcefully a divorced wife from
    his house as she got right which are avoidable to a tenant,
    but she can be evicted in accordance with law. Suit
    schedule property is damaged due to violent activity,
    neither 1st defendant nor 2nd defendant have not any
    independent right there in to continue to stay. Hence the
    condition of 2nd defendant alarming and damage to building
    are very severe. Hence, it need to evict the defendants from
    suit schedule property to save the life of 2nd defendant and
    the schedule property. Accordingly, the cause of action to
    suit arose.

    15. In its contrary the defendants have contended,
    the suit filed by the plaintiff is not maintainable in the eyes
    of law, it is filed with the malafide intention and with
    ulterior motive to knock of the suit schedule property from
    the defendant in which defendant has invested her earnings
    from the rubber plantation in her native. The above suit is
    false, frivolous, vexatious, scandalous, made with a view to
    46 OS No. 26483/2018

    harass the defendant and hold her for a ransom. The
    plaintiff who is the husband of the defendant is very
    avaricious, unjust, inhuman who wants to make unjust
    enrichment at the cost of defendant, The above suit lacks in
    material particulars and the same is vague and bald. The
    plaintiff and the defendant had been living along with their
    children at No.136/15,, New No.14, 2nd Cross, Grape
    Garden, Ejipura, Bangalore 560 047. The defendant that in
    the year 2006 the behavior and the attitude of the plaintiff
    towards the defendant had started changing from bad to
    worse. The plaintiff had started abusing the defendant and
    harassing her verbally and physically for the reasons best
    known to him. In the month of august 2006 the plaintiff
    had left the house and started living separately on his own
    inspite of the children pleading with him to come and live
    with them. The plaintiff did not oblige to the pleadings of
    the defendant and chose to live on his own separately. The
    plaintiff had visited his native Kanyakumari District at Tamil
    Nadu in the month of October and came back to Bangalore.
    One week after the plaintiff returning to Bangalore the
    defendant had come to know that the plaintiff had got
    47 OS No. 26483/2018

    married to a lady by name Ms. Binu on 18th of October
    2006 at Kanyakumari, Tamil Nadu and started living with
    her as husband and wife at the above mentioned address. In
    the month of February 2007 an insurance policy card was
    sent to the defendants address which was received by the
    defendant. When the defendant had looked in to the cover
    she was shocked to know that in the insurance policy the
    plaintiff had declared himself as the husband of the said
    lady Ms. Binu with whom he got married. After going
    through the insurance policy it was confirmed that the
    plaintiff had got married to the lady by name Binu and was
    living with her as husband and wife. When the defendant
    had questioned the plaintiff with regard to the said
    marriage with the lady the plaintiff’s answer was not
    convincing. The defendant had filed a petition before the
    family court for restitution of conjugal rights and the same
    came to be disposed before the Hon’ble second additional
    family court under M.C.No.1546/2007, in the said case in
    spite of pleading that a case is pending at Madurai bench of
    Madras High court under CMSA (MD) 45/2010 against the
    lower court judgment, the family court at Bangalore had
    48 OS No. 26483/2018

    granted divorce of the marriage between the plaintiff and
    the defendant. The appeal case filed at Madurai bench of
    Madras High court under CMSA (MD) 45/2010 was heard on
    19-03-2019 and the stay has been extended for further
    period of three months hence it is evident that the order
    passed by the lower court in Tamil Nadu. The plaintiff is
    trying to alienate or dispose of the schedule mentioned
    property in a hasty manner in favour of some other third
    party. Even though the sale deed pertaining to the schedule
    mentioned property stands in the name of the plaintiff
    considerable portion of the sale proceeds was paid by the
    defendant which she received from the earning of the
    rubber plantation at her native. The defendant that plaintiff
    is planning to sell the schedule mentioned property and go
    way to Tamil Nadu and settle there along with the lady to
    whom he got married illegally. If the plaintiff alienates or
    encumbers the schedule mentioned property to some other
    party the defendant shall be deprived of her legitimate right
    on the suit schedule mentioned property.

    49 OS No. 26483/2018

    16. If it summarized the facts arise to the
    controversy, no dispute with respect to the relationship in
    between the plaintiff and the defendants. No dispute with
    respect to availability of ‘A’ and ‘B’ schedule property and
    no dispute with respect to set aside the judgment and
    decree of divorce in between the plaintiff and 1 st defendant
    as per Ex.D3, order copy of Hon’ble High Court of Madras
    sitting at Madhurai. As per Ex.D3, the order and decree
    passed in HMCP 48/07 dated17.02.2010 confirmed in Ex.P13
    decree in CMA 16/2010 dated 31.08.2010 set aside by the
    Hon’ble High Court of Madras, Madurai Bench with E.xD3
    document judgment and decree, the same such of the
    judgment and decree in Ex.D3 passed by Hon’ble High
    court of Madras, Madurai Bench, it negate the case of the
    plaintiff and relationship of the plaintiff and defendant No.1
    is still existed as husband and wife. Once the relationship in
    between the plaintiff and the defendant existed as husband
    and wife as per Ex.D3 judgment and decree by set aside the
    judgment and decree of divorce, owning of the possession
    of ‘B’ schedule property by the defendant Nos.1 and 2 not
    to be called as illegal possession. Without of proving the
    50 OS No. 26483/2018

    factum with respect to illegal possession in the suit schedule
    property by the defendants, the case of the plaintiff for
    eviction and recovery of possession of the defendants with
    respect to ‘B’ schedule property not to holds any of the
    water.

    17. Further, from Ex.D2 judgment in OS No.170/2018
    of Hon’ble 1st Addl Prl. Judge, Family Court, Bengaluru it
    evidence with respect to the suit schedule property it
    granted the decree in against the Plaintiff of this suit and
    wherein the same judgment and decree it restrained the
    plaintiff of this suit, from not alienated suit schedule
    property to any third parties. Important to note the
    judgment and decree in Ex.D3 and Ex.D2 passed by
    Honorable High Court, Madhurai and 1st Addl. Prl. Judge,
    Family court, rest in the record as unchallenged and no
    order in against to both the judgment and decree as of
    today. In against to that judgment and decree the Plaintiff
    have not placed any of the evidence at in the case record.
    Further, with respect to existence of same Ex.D2 and Ex.D3
    judgment and decree, the Plaintiff fail to elicited any of
    51 OS No. 26483/2018

    the evidence at through the mouth of DW1 in despite of
    lengthy cross examination on DW1 and DW2. Further, into
    that Ex.D2 and Ex.D3 judgment and decree no single
    suggestion it suggested by the Plaintiff to the DW1. If it
    Ex.D3 and Ex.D2 judgment and decree once it to be run in
    against the case of the plaintiff and the plaintiff claim, the
    same document made him into dis entitled the relief of any
    kind as prayed in the suit. As such though the plaintiff
    have the evidence of PW2 and PW3 along with his
    deposition and Ex.P1 to Ex.P21 document, the same such of
    the material placed by the plaintiff fail to overcome the
    case of the defendants and Ex.D2 and Ex.D3 documents.
    Further, since the Plaintiff fail to proving either the
    relationship of tenant and land lord with the Defendants or
    alleged ill legal possession of the Defendant in the B
    schedule property, the same such of stands of the plaintiff
    made him into disentitle the any kind of relief as prayed
    in the suit.

    52 OS No. 26483/2018

    18. Further, it also important to looked into the law
    in that aspect enumerated under section 7 of the Family
    Court Act, the same is herein;

    Section 7 – Jurisdiction
    Subject to the other provisions
    of this act, a Family Court
    shall (a)have and exercise all
    the jurisdiction exercisable by
    any district court or any
    subordinate civil court under
    any law for the time being in
    force in respect of suits and
    proceedings of the nature
    referred to in the Explanation;

    and

    (b)be deemed, for the
    purposes of exercising such
    jurisdiction under such law,
    to be a district court or, as
    the case may be, such
    subordinate civil court for the
    area to which the jurisdiction
    of the Family Court extends.

    Explanation.-The suits and
    proceedings referred to in this
    sub-section are suits and
    proceedings of the following
    nature, namely:-

    (a)—————–

    53 OS No. 26483/2018

    (b)—————————

    (c)a suit or proceeding
    between the parties to a
    marriage with respect to the
    property of the parties or of
    either of them;

    (d)a suit or proceeding for an
    order or injunction in
    circumstances arising out of a
    marital relationship;

    (e)——————-

    (f)———————

    (g)——————-

    19. Further, into this connection it had an occasion
    to the Hon’ble High Court of Karnataka to rendered an
    judgment reported in; 1) 1990(1) KARLJ225 – Venkatappa
    and another Vs The Chairman, Family Courts and others

    the relevant para No.4 of the judgment extracted in the
    below for my convenient;

    4. The family court has
    exclusive jurisdiction in trying
    disputes between the husband
    and wife, as provided under
    Section 7 of the Family
    Court’s Act, (see explanation
    7 of Section 7), the property
    dispute between the husband
    54 OS No. 26483/2018

    and wife shall be the subject
    matter of jurisdiction of the
    family court as if a separate
    suit is not necessary.

    20. After consolidate the controversy in between the
    parties no dispute with respect to relationship in between
    the Plaintiff and 1st Defendant and also their marriage status
    as averred in the plaint. According to the Plaintiff, 1 st
    Defendant is the wife and the Plaintiff is her husband, their
    marriage has taken place & they gave birth to two children
    including 2nd Defendant. Since no relationship of husband
    and wife in between the Plaintiff and 1 st Defendant and
    Defendant Nos.1 and 2 have been in the illegal possession of
    ‘B’ schedule property, the cause of action to the present suit
    arose to the Plaintiff. On the other hand if it go through the
    Ex.D2 and Ex.P11 judgment passed in OS No.170/2008,
    wherein the judgment and decree it appears 1 st Defendant
    obtained a decree in against the Plaintiff of this suit with
    respect to the suit schedule property. As per Ex.D2 & Ex.P11
    judgment and decree the Plaintiff of this suit, it restrained
    him from alienating the suit schedule property to third
    55 OS No. 26483/2018

    parties without consent of 1st Defendant. Not in dispute
    Ex.D2 judgment and decree passed by Hon’ble I Addl. Prl.
    Judge Family Court, Bengaluru in OS No.170/2008. Further,
    in against Ex.D2 judgment and decree the Plaintiff have no
    such of the probable evidence that he placed at in the case
    record. The dispute in between the plaintiff and the
    defendants in related to property is kind of a family dispute
    and since there is a special jurisdiction with respect to
    family dispute and property of the family as jurisdiction by
    subject matter, the present suit at before this court is not
    survive. Further, since Plaintiff of this suit have already the
    knowledge of Ex.D2 judgment and decree and same such of
    the judgment and decree passed by Honorable I Addl. Prl.
    Judge Family Court, Bengaluru, the present suit at before
    this court is surprise to the law of Family Court Act. Since
    one round dispute with respect to the suit schedule property
    have already adjudicated at before the Honorable I Addl.
    Prl. Judge Family Court, Bengaluru in Ex.D2 judgment, the
    Civil Court have no jurisdiction to entertain the present kind
    of suit as per section 7 and 8 of Family Court Act, 1984.
    Hence, the question of jurisdiction of subject matter come
    56 OS No. 26483/2018

    into the way for discussion to the present controversy in the
    present suit.

    21. With the background of above all observation one
    prudent man can say, the plaintiff though he has maintained
    the present suit by an astute drafting the plaintiff has not
    made an attempt to bring the present suit as the special
    jurisdiction constituted to the matrimonial dispute, but the
    attempt of the plaintiff under this suit not beard. The
    Court has to be vigilant against any camouflage or
    suppression and is under an obligation to ascertain whether
    a litigation is utterly vexatious or is an abuse of process of
    the Court. In the instant case, the plaintiff have not disputed
    the factum of earlier one round of litigation in OS No.
    170/2008 by 1st defendant at family court. In despite, the
    suit has been filed deliberately invoking the civil court
    jurisdiction in disputed in constituted the jurisdiction of
    special jurisdiction namely jurisdiction of subject matter. The
    same such deliberative approach of the plaintiff at before
    this court it get shut down the jurisdiction of this court even
    he has the cause of action in against the defendant and the
    57 OS No. 26483/2018

    same is wholly misconceived. For the above all discussion
    that I am of the view the plaintiff fail to prove his case.
    Hence I answer the issue Nos.1 to 4 in the Negative.

    22. Issue No.5: In view of my findings on issue 1 to
    5, I proceed to pass the following:

    : O R D E R :

                               The        suit       of      the       plaintiff,         is
                      dismissed.
                               Draw decree accordingly.
                               In view of disposal of the suit,
    

    pending interlocutory applications if any
    do not survive for consideration and they
    stands disposed off.

    No order as to cost.

    (Dictated directly to the Stenographer on computer typed by her, corrected and then signed by me and
    pronounced in the open Court on this the 20 th day of July, 2026)

    sd/-

    [ ONKARAPPA.R]
    XIII ADDL.CITY CIVIL & SESSIONS JUDGE
    BENGALURU
    58 OS No. 26483/2018

    :ANNEXURE:

    WITNESSES EXAMINED FOR THE PLAINTIFFS:

    PW.1       :       G.Sreekumaran
    PW.2       :       C.Immauvel
    PW.3       :       AK.Annadurai
    
    WITNESSES EXAMINED FOR THE DEFENDANT:
    
    DW.1       :       V.VkumariShylaja
    DW.2       :       Mr. S.Kannan
    
    DOCUMENTS EXHIBITED FOR THE PLAINTIFF:
    
    Ex.P.1   Letter
    Ex.P2    Water Bill
    Ex.P3    Receipt
    Ex.P4    Certified    copy   of        counter   statement   MOP
             No.48/07
    Ex.P5    Certified    copy   of        counter   statement   MOP
             No.48/07
    Ex.P6    Certified copy of compromise petition in OS
             No.362/91
    Ex.P7    Notice
    Ex.P8 Two postal receipts
    and P9
    Ex.P10 Copy of legal notice
    

    Ex.P11 Certified copy of order sheet in OS No.170/2008
    59 OS No. 26483/2018

    Ex.P12 Certified copy of plaint in OS No.170/2008
    Ex.P13 Certified copy of decree in CMA 16/10
    Ex.P14 Certified copy of decree in MC No.1546/2007
    Ex.P15 Original sale deed dated 27.09.1994
    Ex.P16 Katha certificate
    Ex.P17 Katha extract
    Ex.P18 Tax paid receipt
    Ex.P19 CD
    Ex.P20 Certified coy of phone bill
    Ex.P21 Notice confrontation marking to DW1.

    DOCUMENTS EXHIBITED FOR THE DEFENDANT:-

    Ex.D.1 Certified copy of Assets and liabilities – confronted to
    PW1
    Ex.D2 Certified copy of Judgment and Decree in O.S. No.
    170/2008
    Ex.D3 Certified copy of Judgment of Hon’ble Madras High
    Court in CMSA [ MD ] 45/2010
    Ex.D4 Police complaint dated : 29.05.2016 with original seal
    for having received the same
    Ex.D5 Police complaint dated : 05.07.2017 with original seal
    for having received the same
    Ex.D6 Original cash bill [ 2 Nos. ]
    Ex.D7 Original note book containing accounts regarding
    construction.

    60 OS No. 26483/2018

    Ex.D8 Office copy of police complaint
    Ex.D9 5 self account chits
    to
    Ex.D13

    sd/-

    [ ONKARAPPA.R ]
    XIII ADDL.CITY CIVIL & SESSIONS JUDGE
    BENGALURU



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