The term 'District Court' in Sections 7 and 8 of the Family Courts Act, 1984 includes the High Court to the extent that it exercises ordinary original civil jurisdiction.

S. Ravindra Bhat, J.

1. These proceedings emanate from an order of reference dated 09.06.2014 (“Reference Order”) made by the Learned Single Judge in CS(OS) No. 411/2010 (“Suit”), formulating the following questions of law for adjudication by this Court:

“(i) Whether the High Court while exercising the Original Civil Jurisdiction is deemed to be a District Court within the meaning of Section 2(4) of CPC in the context of Section 7(1)(a) of the Family Courts Act, 1984?

(ii) Whether the original civil jurisdiction of the High Court excluded (sic) for any suit or petition by virtue of Sections 7 & 8 of the Family Courts Act, 1984?”

2. This Court notices that the second question would necessarily involve a determination on the first. Accordingly, we proceed to examine as to whether this Court’s original civil jurisdiction in respect of matters outlined in the Explanation to sub-section (1) of Section 7 of the Family Courts Act, 1984 (hereinafter referred to as “the Act”) is ousted by virtue of the provisions of Sections 7 and 8 of the Act. Having examined this issue of statutory interpretation from both a literal as well as a purposive lens, we answer the question in the affirmative. Since this reference involves a pure question of law, we do not delve into the specific facts of the case.

3. The reference to parties herein is the same as their status in the Suit.

Submissions of Parties before the Learned Single Judge:

4. The first defendant had submitted that since the Suit has arisen out of the marital relationships between the plaintiff and defendant no. 1, this Court’s original civil jurisdiction is barred by virtue of the provisions of Sections 7 and 8 of the Act. For this purpose, reliance was placed upon the Full Bench decision of the Bombay High Court in Romila Jaidev Shroff v. Jaidev Rajnikant Shroff, AIR 2000 Bom 356

and the Supreme Court’s ruling in Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449. Learned counsel submitted that the term ‘District Court’ in Sections 7 and 8 of the Act would include the High Court exercising its ordinary original civil jurisdiction, and therefore, its jurisdiction would stand transferred to the Family Courts. In support of this interpretation, reliance was placed upon Section 2(e) of the Act read with Section 2(4) of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”).

5. Contesting these submissions, the Plaintiff argued before the Learned Single Judge that there exist differences between the Delhi High Court and other Presidency High Courts. While the other Presidency Courts are the principal Civil Courts of original jurisdiction for their territory, the Delhi High Court is for the State of Delhi and has below it District Courts as the principal courts of original jurisdiction. Thus, there is no separate territory governed by the Delhi High Court as a principal civil court of original jurisdiction.

6. In Section 3(17) of the General Clauses Act, which defines “District Court”, High Court is excluded from that definition. On the other hand, Section 2(4) of the CPC defines only a “District” and then includes the High Court in exercise of its original jurisdiction as the principal Court in a District. The said expressions are used in relation to a different context and it implies a limit to territorial jurisdiction.

7. The Plaintiff relied upon a few decisions in which it was clarified that the High Court cannot be called as District Court. It was submitted that Section 4 of the Delhi High Court Act and Section 6 of CPC bar other Courts from entertaining a matter if it is above the pecuniary limits. The Plaintiff submitted that Section 21 of the Act makes a specific reference to the High Court with no qualification as to its meaning anything other than the High Court. Thus, Section 8 of the Act does not exclude jurisdiction of the High Court. Further, there was no notification or amendment to the High Court Act or Rules that release the Family Court from its pecuniar