SIVADASAN Vs. SANTHA

JUDGEMENT

(1.) O.S. No. 66 of 1993 on the file of the Family Court, Trivandrum, renumbered as O.S. No. 32 of 1995 on the file of the Family Court, Kollam, is a suit filed by the wife and daughter of the revision petitioner for enhancement of the amount of maintenance awarded in their favour in an earlier suit. O.S. 86 of 1996 on the file of the Sub Court, Kottarakkara is a suit filed by the second plaintiff in O.S. No. 32 of 1995 against her father who is the revision petitioner herein claiming an amount of Rs. 1,25,000/- towards the expenses of her marriage. The prayer in the C.M.C. is to transfer O.S. No. 86 of 1996 pending before the Sub Court, Kottarakkara to the Family Court, Kollam.

(2.) S.7 of the Family Courts Act, 1984 (for short the Act) which deals with jurisdiction says that subject to the other provisions of this Act, the Family Court shall 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. Explanation (f) to S.7 of the Act deals with a suit or proceeding for maintenance.

(3.) Parties to the litigation are Hindus governed by the Hindu Adoptions and Maintenance Act 1956. S.3 (b) of the Hindu Adoptions and Maintenance Act defines maintenance thus: