MINOR Vs. K. VIJAY

JUDGEMENT

(1.) This Full Bench has been constituted by Hon'ble Chief Justice in and by order dtd. 8/2/2022 made on the administrative side pursuant to an order dtd. 28/10/2021 made by an Hon'ble Single Judge in Application No.5445 of 2018 and O.A.Nos.539 and 540 of 2021 in O.P.No.599 of 2018, wherein Hon'ble Single Judge has doubted the jurisdiction of the Original Side to entertain and decide child custody disputes owing to the advent of the Family Courts Act, 1984.

(2.) Suffice to say that a Hon'ble Full Bench of this Court in and by order dtd. 6/10/1989 made in Mary Thomas Vs. K.E.Thomas reported in AIR 1990 Mad 100 held that jurisdiction of Original Side is not denuded owing to the advent of Family Courts Act, 1984 more particularly Sec. 7 thereat.

(3.) Hon'ble Single Judge vide aforementioned order dtd. 28/10/2021 made in Application No.5445 of 2018 and O.A.Nos.539 and 540 of 2021 in O.P.No.599 of 2018 has formulated two questions for consideration by a Larger Bench and they are as follows: '(i)Whether the jurisdiction of the High Court, on its Original Side, over matters of child custody and guardianship is ousted, in view of the provisions of Explanation (g) to Sec. 7(1) read with Ss. 8 and 20 of the Family Courts Act, 1984? and (ii)Whether the decision of a Full Bench of this Court in Mary Thomas Vs. Dr.K.E.Thomas (AIR 1990 Madras 100) is still good law?