[2025:RJ-JP:17554] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 152/2021 Babita W/o Ramveer D/o Shri Shersingh, Aged About 27 Years, R/o Village Jahangirpura, Tehsil Nadbai, Sub Tehsil Lakhanpur, District Bharatpur. ----Petitioner Versus Ramveer Son Of Amar Singh, Aged About 29 Years, R/o Gram Paar, Tehsil And District Bharatpur. ----Respondent For Petitioner(s) : Mr. Mohit Khandelwal, Adv. For Respondent(s) : Mr. Amit Kumar Soni, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 25/04/2025 This Civil Revision Petition has been filed by the petitioner- defendant (for short ‘the defendant’) against the order dated 21.09.2021 passed by Additional Chief Judicial Magistrate No.4, Bharatpur in Suit No.10/2021 (old No.6/2021), whereby the application filed by the defendant under Order 7 Rule 11 CPC has been dismissed. Learned counsel for the defendant submits that respondent- plaintiff (for short ‘the plaintiff’) filed a suit against the defendant to delete the name of the defendant from the sale deed dated 24.05.2018. Learned counsel for the defendant also submits that defendant filed an application before the trial court under Order 7 Rule 11 CPC that as per Section 7 (c) of the Family Courts Act, the suit is not triable by Civil Court and it should be tried by the [2025:RJ-JP:17554] (2 of 3) [CR-152/2021] Family Court but trial court vide order dated 21.09.2021 dismissed the application filed by the defendant. Learned counsel for the defendant also submits that any property dispute between husband and wife should be tried exclusively by the Family Court. So, order dated 21.09.2021 passed by the trial court be set aside and trial court be directed to return the plaint filed by the plaintiff for its presentation before the Court having proper jurisdiction. Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendant and submits that trial court rightly dismissed the application filed by the defendant because disputed property was purchased by the plaintiff in the name of defendant. The said transaction was Benami transaction. So, plaintiff wanted to cancel 1/2 share of the defendant. The said relief can only be granted by the Civil Court. So, present petition being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the defendant as well as learned counsel for the plaintiff. It is an admitted position that the present property dispute is between husband and wife. So, as per Section 7 (c) of the Family Courts Act jurisdiction, vests with the Family Court. So, in my considered opinion, trial court had committed an error in dismissing the application filed by the defendant under Order 7 Rule 11 CPC. So, present petition filed by the defendant deserves to be allowed. The Civil Revision Petition filed by the defendant is allowed. The order dated 21.09.2021 is set aside and trial court is directed [2025:RJ-JP:17554] (3 of 3) [CR-152/2021] to return the plaint filed by the plaintiff for its presentation before the Court having proper jurisdiction. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Jatin /91