(1.) To facilitate analysis and for ease of reference, the order has been divided into the following segments: S. No. Sub-heading Paragraph nos. I Backdrop to the Reference 3-5 II Maintainability of the Reference 6-9 III Submissions of the Jurisdiction Retention Camp 10-18 IV Submissions of the Jurisdiction Ouster Camp 19-26 V Does Mary Thomas require Reconsideration? 27-48 VI The Delhi and Bombay Views 49-59 VII Scope of Clause 17 of the Letters Patent 60-79 VIII The Guardians and Wards Act, 1890 80-94 IX Inherent Jurisdiction vis-a-vis Guardians and Wards Act, 1890 95-105 X Impact of the Family Courts Act, 1984 106-126 XI Extra-Territorial jurisdiction of Clause 17 of the Letters Patent 127-141 XII Effect of Concurrent Jurisdiction 142 & 143 XIII Reforms in the Family Courts 144 XIV Effect on Pending Cases 145-148 XV Conclusions 149
(2.) This Special Bench has been constituted to answer the following questions referred by our learned brother, V. Parthiban, J. by an order dtd. 28/10/2021:
(3.) The matter has come up before us in the following way: