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2006 Supreme(Ker) 317

K.S.RADHAKRISHNAN, V.RAMKUMAR
Josekutty Joseph – Appellant
Versus
Aniamma Thomas – Respondent


Judgment :-

Ramkumar, J.

This Writ Petition which comes up before us upon a reference made by a learned Single Judge (Justice R. Basant), raises an interesting question of law under the Family Courts Act, 1984 (hereinafter referred to as “the Act” for short). The said question is –

“Whether the decree passed by a civil court in respect of a matter covered by clause (c) of the Explanation to Section 7(1) of the Act could be executed by the very same civil court after a Family Court has since been established for the area”.

2. We heard the learned counsel appearing on either side. While the petitioner would contend that with the establishment of the Family Court for the area the earlier decree passed by the civil court can be executed only by the Family Court, the respondent would argue that the civil court continues to have jurisdiction to execute the decree passed by it notwithstanding the subsequent establishment of the Family Court for the area in question. It is this controversy that falls for resolution before us.

3. A synoptic resume of the sequence of events culminating in the present dispute, is as follows:-

The petitioner and the respondent are husband and wife. O.S.No.675/1994





































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