MANMOHAN, J.

1. Present application has been filed by the defendant under Section 151 CPC seeking a direction to transfer the present suit to the appropriate Family Court.

2. At the pass over stage, the counsel for the plaintiffs seeks another pass over. Since this is not the practice of this Court, the prayer for second pass over is declined. It is pertinent to mention that even on 16th August, 2017 the matter was adjourned as the counsel for the plaintiffs was not available.

3. Learned counsel for the applicant/defendant states that a Division Bench of this Court in Amina Bharatram Vs. Sumant Bharatram and Ors., CS (OS) 411/2010 dated 19th July, 2016 has held that the High Court does not have jurisdiction to try and decide cases of causes listed under Section 7 of the Family Courts Act, 1984 (for short “Act, 1984”). He emphasis that the Division Bench has held that the Delhi High Court does not possess jurisdiction to entertain, try and decide cases and causes referred to in Sections 7 and 8 of the Act, 1984.

4. He states that the present suit falls within the scope of matters referred to in the aforesaid Division Bench’s judgment and does not fall within the Original Civil Jurisdiction of the Delhi High Court insofar as the reliefs claimed in the suit are for an award directing that the plaintiffs be maintained by the defendant, which relief, is a cause listed under Section 7(1) Explanation (f) of the Act, 1984. Section 7(1) of the Family Courts Act, 1984 reads as under :-

“7. Jurisdiction. - (1) Subject to the other provisions of this Act, a Family Court shall-

a. have and exercise all the jurisdiction exercisable by any district Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

b. be deemed, for the purposes of exercising such jurisdiction under such law, to be a district Court or, as the case may be. such subordinate Civil Court for the area to which the jurisdiction of the Family Court extends.

Explanation -The suits and proceedings referred to in this subsection are suits and proceedings of the following nature, namely:

a. a suit or proceeding between the parties to a marriage for decree of a nullity marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

b. a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

c. a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

d. a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

e. a suit or proceeding for a declaration as to the legitimacy of any person;

f. a suit or proceeding for maintenance;

g. a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

5. In the opinion of this Court, as the primary relief in the present petition is for maintenance under the Hindu Adoption and Maintenance Act, 1956, the same is liable to be transferred to the Family Court in view of the Division Bench’s judgment of this Court in Amina Bharatram (supra). The relevant portion of the said judgment is reproduced hereinbelow :-

“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?