LAWS(DLH)-2016-7-47

AMINA BHARATRAM Vs. SUMANT BHARATRAM AND ORS.

Decided On July 19, 2016
Amina Bharatram Appellant
V/S
Sumant Bharatram And Ors. Respondents

JUDGEMENT

(1.) These proceedings emanate from an order of reference dated 09.06.2014 ("Reference Order") made by the Learned Single Judge in CS(OS) No. 411/2010 ("Suit"), formulating the following questions of law for adjudication by this Court:

(2.) This Court notices that the second question would necessarily involve a determination on the first. Accordingly, we proceed to examine as to whether this Courts original civil jurisdiction in respect of matters outlined in the Explanation to sub -section (1) of Section 7 of the Family Courts Act, 1984 (hereinafter referred to as "the Act") is ousted by virtue of the provisions of Sections 7 and 8 of the Act. Having examined this issue of statutory interpretation from both a literal as well as a purposive lens, we answer the question in the affirmative. Since this reference involves a pure question of law, we do not delve into the specific facts of the case.

(3.) The reference to parties herein is the same as their status in the Suit. Submissions of Parties before the Learned Single Judge: