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2016 Supreme(Del) 2409

S.RAVINDRA BHAT, R.K.GAUBA
Amina Bharatram – Appellant
Versus
Sumant Bharatram – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Ms. Malavika Rajkotia, Mr. Ranjay N., Ms. Aanchal Kapoor, Ms. Arpita Rai
For the Defendants : Mr. Dinesh Garg, Ms. Rachna Agrawal, Ms. Uditi Khattar

JUDGMENT :

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 affirmat






















































































































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