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2018 Supreme(All) 130

VIVEK CHAUDHARY
SAYEED AHMAD – Appellant
Versus
RIZWANA – Respondent


Advocates Appeared:
Ram Singh for the Applicant.

JUDGMENT

Hon’ble Vivek Chaudhary, J.—Heard learned counsel for applicant.

2. Present transfer application under Section 24 C.P.C. is filed by applicant for transferring his case from the Court of Principal Judge, Family Court, Faizabad to any other Court of the District Faizabad.

3. It was put to learned counsel for applicant as to why such an application is not maintainable before the District Judge.

4. I have heard him at length. Section 7 and 8 of the Family Courts Act, 1984 are relevant for our purposes which are quoted below :

“7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—

(a) have and exercise all the jurisdiction exercisable by any district Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

(b) be deemed, for the the purposes of exercising such jurisdiction under such law, to be a district, as the case may be, such subordinate Civil Court for the area to which the jurisdiction of the Family Court extends.

Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature





















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