The main legal point established in the judgment is that the jurisdiction of the High Court to entertain suits for maintenance and separate residence under the Hindu Adoptions and Maintenance Act, 1956, is excluded by the Family Courts Act, and such matters fall within the exclusive jurisdiction of the Family Court.

1. The plaintiff has instituted this suit “for maintenance and separate residence under Sections 18, 20 & 23 of the Hindu Adoptions and Maintenance Act, 1956 and for permanent and mandatory injunction and declaration” claiming the following reliefs:-

“a. a decree of maintenance be passed in favour of the plaintiff and against the defendants, awarding Rs.2.5 lakhs per month and appropriate orders be passed, securing the payment of the maintenance amount against/from the assets of the defendants.

b. Pass a decree of mandatory injunction against the defendants to continuing to pay the rent for the matrimonial home or in the alternative a decree be passed, directing the defendant to provide for residence/residential house for the plaintiff commensurate with the house No.S-70, Panchseel Park, New Delhi-110017 in which the parties are living at present.

c. a decree for mandatory injunction be passed, directing the defendants to provide for two cars of appropriate make and two drivers for the use of the plaintiff, and her children as per the status of the family.

d. A decree of permanent injunction be passed against the restraining the defendant No. From throwing out the plaintiff from the matrimonial home i.e. House No.S-70, Panchseel Park, New Delhi-110017.

e. Perpetual injunction be granted against the defendant from in any manner selling and/or alienating the property bearing No.L-1/4, Hauz Khas, New Delhi-110016.

f. Direct the defendant to pay litigation expenses.

g. to declare that the court fee under Section 18, 20 And 23 Of The Hindu Adoption & Maintenance Act, 1956 is payable after the decree has been passed as it works to the disadvantage of plaintiff.

h. costs of the suit be also awarded to the plaintiff.

i. Any other order or direction which this Hon’ble Court may deem fit and necessary in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendant.”

2. The plaintiff, besides impleading her husband as defendant No.1 in the suit, has also impleaded as defendants No.2 to 4, the father, mother and brother of her husband.

3. The suit was entertained. The defendant No.1 filed an application under Section 8 of the Family Courts Act, 1984 contending that this Court has no jurisdiction to entertain the suit and the jurisdiction only lies with the Family Court under the Family Courts Act.

4. Vide judgment dated 9th June, 2014 on the aforesaid application, the following questions were referred to a larger Bench of 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 for any suit or petition by virtue of Sections 7 & 8 of the Family Courts Act, 1984.”

5. The Division Bench has answered the reference aforesaid vide its judgment dated 19th July, 2016 reported as Amina Bharatram Vs. Sumant Bharatram AIR 2016 Del 171 as under:

“Point No.1: It is held that the Delhi High Court is a “district court” under Section 8 in respect of all matters enumerated in Explanation to Section 7(1) of the Act;

Point No.2: 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 Family Courts Act.”

6. In pursuance to the aforesaid judgment of the Division Bench, the following Practice Direction was issued by this Court on 23rd December, 2016:

“1. In view of the judgment dated 19.07.2016 passed by the Hon’ble Division Bench of this Court on reference in CS(OS) No.411/2010 & I.A. No.12186/2010 titled “Amina Bharatram Vs. Sumant Bharatram and Others”, all matters enumerated in Explanation to Sub-Section (i) of Section 7 and Section 8 of the Family Courts act, 1984 shall be exclusively triable by the Family Courts and the jurisdiction of the High Court to the extent it exercises Ordinary Original