(1.) I.A. 3132/2017
(2.) Mr. Anil Malhotra, learned counsel for defendant stated that the anti-suit injunction sought by the plaintiff-wife pertained to a suit/proceeding in relation to guardianship and custody/access of two minor children which fell within the ambit and scope of Section 7(1) Explanations (d) and (g) of the Family Courts Act, 1984.
(3.) He submitted that Section 7(1) Explanation (d) of the Family Courts Act, 1984 enumerates that "a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship", and Section 7(1) Explanation (g) states that, "a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor," shall fall within the jurisdiction of the Family Court. He stated that Section 8 of the Family Courts Act, 1984, stipulates that no District Court shall "exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation" of Section 7(1) of the Act. Hence, according to him, any suit or proceeding for an order or injunction in circumstances arising out of a marital relationship or guardianship/custody shall lie only before the Family Court.