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BOMBAY HIGH COURT
Rafiq Dada, J
Kamal V. M. Allaudin and etc. etc. v. Raja Shaikh and etc. etc.
Headnote: Read headnote
1. These are Matrimonial Petitions and Suits which involve a common question of law, namely, whether these matters stand transferred or should be transferred to the Family Court, Bombay established the Family Courts Act, 1984 (Act No. LXVI of 1984). The Family Court was established in the City of Bombay as from 7th October 1989, and the Act has been brought into force for the purpose of the said court as from that day. Since the question involved is likely to arise in several other Matrimonial Suits or Petitions pending in this court, I thought it convenient to request the counsel appearing in all these matters to address me, in the first instance, on this question, without going into the merits of each case which will be done separately.
The question that arises for consideration may be formulated thus: -
Whether the matrimonial jurisdiction exercisable by this Court (High Court) on its Original Side is not affected by S.7 of the , and whether consequently the matrimonial matters pending in this Court on or afte
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.
The Family Court retains jurisdiction over claims relating to marital properties, regardless of the filing party's status as a marriage participant.
The main legal point established in the judgment is that the Family Court does not have inherent jurisdiction under Section 7 of the Family Courts Act to entertain a suit by the wife against the husb....
Jurisdiction for custody of a minor must be determined by the child's ordinary residence, as per Section 9 of the Guardians and Wards Act, 1890.
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 ....
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