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2010 Supreme(Chh) 276
IN THE HIGH COURT OF CHHATTISGARH
PRASHANT KUMAR MISHRA, J.
GANESH RAM YADAV - Appellant
Versus
POOJA YADAV AND ANOTHER - Respondent
Transfer Petition (C) No. 32 of 2008
Decided on : 08-09-2010
Advocate Appeared:
For the Appellant : Ratnesh Kumar Agrawal.
For the Respondent:Janak Hidko, Advocate appears on behalf of Mr. P.S. Koshy.
The main legal point established is that suits or proceedings for a declaration as to the legitimacy of a person fall within the exclusive jurisdiction of the Family Court as per the Family Courts Act, 1984.
Headnote:
Transfer of Civil Suit - Jurisdiction of Family Court - The court allowed the transfer petition under Section 24 of the CPC, holding that the suit claiming a declaration as to the legitimacy of a person falls within the exclusive jurisdiction of the Family Court as per the Family Courts Act, 1984.
Fact of the Case:
The petitioner sought transfer of Civil Suit No. 628-A/2005 from the Court of Second Civil Judge Class-I, Bilaspur to the Family Court, Bilaspur, citing lack of jurisdiction of the former court due to the nature of the suit.
Finding of the Court:
The court found that the suit fell within the exclusive jurisdiction of the Family Court as per the Family Courts Act, 1984, and therefore allowed the transfer petition.
Issues: Jurisdiction of the Court to adjudicate the suit, applicability of the Family Courts Act, 1984, and the transfer of the suit to the Family Court.
Ratio Decidendi: The court relied on Section 7(1), Explanation (e) and Section 8(c) of the Family Courts Act, 1984 to determine that the suit claiming a declaration as to the legitimacy of a person falls within the exclusive jurisdiction of the Family Court and should be transferred accordingly.
Final Decision: The transfer petition was allowed, and the Second Civil Judge, Class-I, Bilaspur was directed to transfer Civil Suit No. 628-A/2005 to the Family Court, Bilaspur.
PRASHANT KUMAR MISHRA, J.
1. The instant application u/s 24 of the CPC has been preferred for transfer of Civil Suit No. 628-A/2005 pending in the Court of Second Civil Judge Class-I, Bilaspur to the Family Court, Bilaspur.
2. Learned Counsel for the petitioner has argued that since after constitution of the Family Court for revenue district of Bilaspur by State Governments notification dated 24.2.2005, the present suit pending in the Court of Second Civil Judge, Class-I, Bilaspur deserves to be transferred to Family Court, Bilaspur, because, the Court of Second Civil Judge, Class-I, Bilaspur has no jurisdiction to try the suit.
3. In the suit preferred by the petitioner a relief has been claimed that the defendant No. 1, Ku. Pooja Yadav is not his daughter. The defendants have also moved an application under Order 7 Rule 11 of CPC for dismissing the suit as the same is not maintainable in the Court of Second Civil Judge, Class-I.
4. Under Section 7 of the Family Courts Act, 1984 it has been provided that the Family Court shall have jurisdiction in respect of suits and proceedings of the nature referred to in the explanation. Explanation (e) provides that a suit or proceeding for a declaration as to the legitimacy of a person shall be adjudicated by Family Court. u/s 8(c) of the Act, it is provided that the Civil Suit or proceeding of the nature referred to in the explanation of Sub-section (1) of Section 7 which is pending immediately before establishment of such Family Court before any District Court or Subordinate Court shall stand transferred to such Family Court on the date on which it is established, 5. The present suit was filed some times in the month of February, 2004. The Family Court for the revenue district of Bilaspur excluding the jurisdiction of Civil Court, Mungeli and Pendra Road has been notified on 24th of February, 2005. The parties are residing within the territorial jurisdiction of revenue district, Bilaspur. Thus, by virtue of Section 7(1), Explanation (e) read with Section 8(c) of the Act, the Court of Second Civil Judge, Class-I, Bilaspur has no jurisdiction to adjudicate the suit as the same is within the exclusive jurisdiction of Family Court, Bilaspur and in fact by operation of law, it stands transferred to the said Family Court.
5. In view of the above, the instant transfer petition is allowed.
6. The Second Civil Judge, Class-I, Bilaspur shall transfer the Civil Suit No. 628-A/2005 to the Family Court. Bilaspur.
