ANIL BAHAL Vs. MANJU

JUDGEMENT

(1.) The present revision is directed as against an order dated 8th January, 1985, passed in a suit for divorce filed by the respondent in which maintenance was granted to the respondent in the said proceedings.

(2.) In revision, the grounds raised were that the Court below committed material irregularity in passing the impugned order without giving any specific finding with regard to the income and means of the applicant and without considering other matters. It has been brought to the notice of this Court that a compromise has been arrived at in the Family Court constituted under the Family Courts Act 1984, which has been annexed as Annexure I to the rejoinder affidavit and by virtue of that compromise the suit for divorce is to, be decreed. In view of the Family Court being established the proceedings pending in various Courts including the one impugned in the present suit stands transferred to the said Family Court by virtue of Section 8 of the said Act.

(3.) It is relevant to refer to the various provisions of the aforesaid Family Court which was established with the object that the said Family Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should further make reasonable efforts at settlement before the commencement of the trial. Keeping this object in mind the Family Court was invested with special jurisdiction under Section 7 of the Act. Explanation to Section 7(1) provides that the suits which are cognizable by the Family Court include suits or proceedings which include a suit for dissolution of marriage. Section 8 gives exclusion of jurisdiction and pending proceedings and lays down that where such proceedings are pending shall stand transferred to the Family Court. Under it, it is provided that where a Family Court has been established for any area no district Court or any subordinate Civil Court shall in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature preferred to in the Explanation to Section 7(1), while under Section 8(c) it is provided that if such suit which is pending immediately before the establishment of such Family Court before any district Court or subordinate Court shall stand transferred to such family Court on the date on which it is established. Section 9 provides duty of the Family Court to make efforts for settlement. Section 11 provides the proceedings to be held in camera. Section 19 provides an appeal save as provided in sub-section (2), shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. Under sub-section (2) no appeal is provided where a decree is passed with consent. Sub-section (3) provides the period to file certain appeal, while sub-section (5) provides that an appeal preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges. Sub-section (4) specifically refers that except as provided in the said sub-sections no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court. It is thus clear that any judgment and order passed by the Family Court is appealable to the High Court except one which is on consent and interlocutory order.