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2023 Supreme(Ker) 817

AMIT RAWAL, C. S. SUDHA
Jyothi K. R. – Appellant
Versus
Sukumaran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dhanya P. Ashokan, M.R. Venugopal, S. Muhammad Alikhansreedarshan Sudhakaran

JUDGMENT :

Amit Rawal, J.

This petition is directed against Ext.P5 order dated 23/02/2023 in I.A.No.3/2022 in O.P.No.1149/2008. Petitioner/wife filed a petition by invoking the provisions of Sections 7 (1) explanation (c) and (d) of the Family Courts Act, 1984. The aforementioned petition was filed on 19/08/2022 and in response to the aforementioned petition, respondent/husband appeared and an objection was filed. However, during the pendency of the aforementioned petition, an application has been filed under Order VI Rule 7 (d) of the Code of Civil Procedure for incorporating the additional relief of claiming compensation as provided under Section 22 of the Act. The said application has been rejected by the Family Court by Ext.P5 order on the ground that such reliefs cannot be claimed as per the provisions of Section 26 of the Act. It was held that Family Court had no original and direct jurisdiction to entertain the original petition for the reliefs under the 2005 Act as, in view of the provisions of Section 28 of the 2005 Act, the trial under the various provisions of the Sections shall be governed by the provisions of the Code of Criminal Procedure whereas the Family Court cannot

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