SANTHA Vs. SREE KUMAR

JUDGEMENT

(1.) The defendant in a suit O.S. 96/95 on the file of the Munsiffs Court Varkala had approached this Court seeking an order for transfer of the suit to the Family Court, Thiruvananthapuram. Family Court is a special Court established for the purpose of trying the specific suits mentioned in S.7(1) and explanation thereto. Therefore any suit, even though the parties are same, cannot be directed to be transferred to Family Court from a Subordinate Civil Court. The petitioner submits that the defendant is her husband and the subject matter of the suit is in respect of the residential house occupied by the petitioner. There are pending cases before the Family Court, Thiruvananthapuram. Therefore this shall be transferred.

(2.) If the subject matter of the suit is one within S.7(1) or the explanation thereunder, necessarily the subordinate Civil Court will have any jurisdiction to entertain it. Therefore, as the suit is one filed after establishment of the Family Court in Thiruvananthapuram, the petitioner need not worry about the result of the suit. On the other hand, if it is a suit beyond the scope of S.7(1) and the explanation thereunder, necessarily it is totally within the jurisdiction of the Civil Court which cannot be transferred to Family Court as the Family Court will have no jurisdiction to try such suit. There is no merit in the petition. It is dismissed.