JUDGMENT - S.P. BHARUCHA, J.:---A difference having arisen between the views of two learned Single Judges of this Court in respect of the interpretation to be placed upon the Family Courts Act, 1984, (hereinafter called "the said Act"), the following question has been referred for decision to the Division Bench:---

"Whether, on the plaint as it stands, it is the Family Court which has the jurisdiction in respect of this suit by virtue of the Family Courts Act and therefore, on the establishment of the Family Court this Court has ceased to have jurisdiction in respect of this suit by virtue of clause (a) of section 8 of the Family Courts Act and the suit stands transferred to such Family Court by virtue of clause (c) of section 8 of the Family Courts Act?"

2. The plaintiff has filed the suit against the defendant, her husband, and has sought (a) a declaration that she is entitled to an undivided right, title and interest in the matrimonial home and to reside therein; (b) a declaration that she is entitled to maintenance at the rate of Rs. 17,000/- per month for herself and the issue of the marriage, a son, over and above certain other facilities; (c) an injunction restraining the def

Click Here to Read the rest of this document