February 18, 2009 4:10:28 am
The Bombay High Court on Tuesday ruled that a suit filed by Pakistani singer Adnan Samis wife in a case relating to property dispute should be heard by a family court.
The court had questioned the maintainability of the suit as it has risen out of a marriage dispute for which the family court would be the right forum to exercise its jurisdiction.
Justice A V Nirgude who passed the order is yet to elaborate on the technical reasons for passing the order. Adnans wife,Sabah,has moved the court seeking a restraining order against the singer from entering the flats she owns. In her petition,she said that Adnan has been mistreating her because of which she has urged the court to restrain Adnan and his parents from entering the five flats which she claims was gifted to her by the singer.
On Monday,Sabahs lawyer S U Kamdar submitted before the court that the suit is for declaring her ownership of the flats and to declare that Adnan has no right over them.
Kamdar had argued that the claim is in the nature relating to property and not something thats arising out of matrimonial issue. However,counsel Ravi Kadam who appeared for Adnan had argued that this is a subsisting marriage and the dispute is between husband and wife which have come out of a matrimonial relationship which has to be heard before a family court.
According to her petition,the singer had gifted her five flats at Oberoi Sky Garden in Andheri.
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