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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Sunanda Kar @ Rath – Appellant
Versus
Sudip Rath – Respondent
| Table of Content |
|---|
| 1. overview of execution case and jurisdiction issues. (Para 2 , 3 , 4) |
| 2. petitioner's argument on family court's jurisdiction. (Para 5 , 6) |
| 3. court’s analysis on jurisdiction of family court for execution. (Para 7) |
| 4. court finds no jurisdiction for civil judge after family court establishment. (Para 8) |
| 5. order issued to set aside previous ruling and enforce jurisdiction. (Para 9) |
ORDER :
K.R. MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the order dated 15th December, 2021 (Annexure-7) passed by learned Judge, Family Court, Puri in Execution Case No.16 of 2009, sending back the case record to the Court of learned Civil Judge (Senior Division), Puri to adjudicate the execution proceeding holding that since Family Court at Puri was not in existence on the date of filing of the execution case, the provision of Section 8 (c) of the Family Courts Act, 1984 (for convenience, ‘the Act’) would not be attracted.
3. Mr. Mohanty, learned counsel submits that the Opposite Party filed MAT Case No.227 of 2002 before learned Civil Judge (Senior Division), Puri for dissolution of marriage by a decree of divorce.
The words "by the other Family Court or ordinary civil court" in Section 18(3) of the Act is controlled and guided by the words "to which it is sent for execution". If it is not sent, undoubtedly the....
Point of law: Enforcement of the order of maintenance is provided under Section 128 of Cr.P.C., giving option to the wife to seek enforcement either in a place where the order was passed or in a plac....
The Family Court has jurisdiction to entertain applications under Order IX Rule 13 C.P.C. as per Section 10 of the Family Courts Act, 1984, and a writ of prohibition cannot be issued against a court ....
The Family Courts Act does not infringe on the High Court's matrimonial jurisdiction established under the Letters Patent, and any transfer of cases depends on explicit legislative provisions.
Family Courts exercise civil jurisdiction for certain matters and criminal jurisdiction for proceedings under S.125 Cr.P.C., reflecting distinct legal frameworks.
A maintenance order under Sections 125 and 127 Cr.P.C can be enforced regardless of whether the respondent resides outside the jurisdiction of the court that issued the order.
Disputes regarding marital status and property rights of deceased spouses must be adjudicated in Family Court, as per Family Courts Act, ousting Civil Court jurisdiction.
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