Back
N. J. JAMADAR
In the matter of : Zarir Pesi Bharucha – Appellant
Versus
Niloufer Soli Lam – Respondent
ORDER :
1. The applicant/defendant has preferred this application to reject the plaint under the provisions of Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 (the Code), as being barred by law, and, in the alternative, to transfer the captioned suit to the appropriate Family Court for trial along with a Petition filed by the plaintiff/ respondent for dissolution of the marriage.
2. The background facts necessary for determination of this application can be stated in brief as under:-
[b] The marriage of the plaintiff and defendant was solemnized on 29th March, 2012 under the provisions of the Special Marriage Act, 1954 (the Special Marriage Act). On 1st April, 2012 the plaintiff and defendant also solemnized and registered marriage under the Parsi Marriage and Divorce Act, 1936 (the Parsi Marriage Act). The plaintiff and defendant are blessed with a daughter and a son.
[c] It seems since the year 2019, marital discord struck the life of plaintiff and defendant. Allegations and counter allegations do not d
Disputes regarding marital status and property rights of deceased spouses must be adjudicated in Family Court, as per Family Courts Act, ousting Civil Court jurisdiction.
The main legal point established in the judgment is that the jurisdiction of the Family Court is limited to the specific clauses of the Explanation to Section 7 of the Family Courts Act, and disputes....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 7 of the Family Courts Act, Order 1 Rule 9 and Order 2 Rule 2 of the Code, and the ....
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
The Family Court retains jurisdiction over claims relating to marital properties, regardless of the filing party's status as a marriage participant.
The Family Courts Act does not infringe on the High Court's matrimonial jurisdiction established under the Letters Patent, and any transfer of cases depends on explicit legislative provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
