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2017 Supreme(Del) 4527

MANMOHAN
Jasmeet Kaur – Appellant
Versus
Navtej Singh – Respondent


Advocates Appeared:
For the Plaintiff :Ms. Malavika Rajkotia, Advocate with Mr. Ramakant Sharma and Ms. Akriti Tyagi, Advocates
For the Defendant :Mr. Anil Malhotra, Advocate with Mr. Ranjit Malhotra and Mr. Rajat Bhalla, Advocates

JUDGMENT :

MANMOHAN, J.

I.A. 3132/2017

1. Present application has been filed under Order VII Rule 10 CPC for rejection of the plaint, dismissal and return of the suit. However, at the outset, learned counsel for the defendant confined his prayer for return of the plaint under Order VII Rule 10 CPC.

2. Mr. Anil Malhotra, learned counsel for defendant stated that the anti-suit injunction sought by the plaintiff-wife pertained to a suit/proceeding in relation to guardianship and custody/access of two minor children which fell within the ambit and scope of Section 7(1) Explanations (d) and (g) of the Family Courts Act, 1984.

3. He submitted that Section 7(1) Explanation (d) of the Family Courts Act, 1984 enumerates that "a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship", and Section 7(1) Explanation (g) states that, "a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor," shall fall within the jurisdiction of the Family Court. He stated that Section 8 of the Family Courts Act, 1984, stipulates that no District Court shall "exercise any jurisdiction in respect of any suit or proceedi








































































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