Thankamani (1994(1) KLT 607), it has been held that clause-c to explanation 7(1) of the Act takes into fold, a suit or proceedings between the parties to a marriage with respect to the property of the parties or either of them. Therefore it is not enough that the suit is between the suit to the marriage, but the same should be with respect to the property of the parties or either of them. Here the subject matter of the suit belongs not only to the parties to the marriage, the plaintiff and the first defendant, but belongs to others also. In the context, it is necessary to remember that it is a contention of the first defendant/revision petitioner that the sisters are also entitled to a share. When contention of others also interested in the subject matter of the suit, like the suit for partition and they are also in the party array simply because among the parties a husband or wife also arrayed on rival sides that cannot attract clause-c of explanation to Section 7(1) of the Act. As per clause-c of explanation to Section 7 of the Act, which has to be strictly interpreted, the subject matter of the litigation should belong to the parties to the marriage or either of them. As noticed here, the case is the property belongs to others also, then certainly clause-c of the explanation to Section 7(1) of the Act will have no application and that will not oust the jurisdiction of the Civil
