KANAK VINOD MEHTA Vs. VINOD DULERAI MEHTA

JUDGEMENT

(1.) THE Plaintiff is the wife of the defendant. The reliefs which she has asked for in this suit are :-

(2.) ON behalf of the defendant it is urged that it is the Family Court which has jurisdiction in respect of this suit by virtue of the provisions of section 7 of the Family Courts Act, 1984 and, therefore, on the establishment of the Family Court this Court has ceased to have jurisdiction in respect of this suit as provided in section 8 of the Family Courts Act, 1984. In view of this submission made on behalf of the defendant a preliminary issue on jurisdiction arises and the same is as follows : whether, on the plaint as it stands, it is the Family Court which has the jurisdiction in respect of this suit by virtue of the provisions of section 7 of the Family courts Act and therefore, on the establishment of the Family Court this Court has ceased to have jurisdiction in respect of this suit by virtue of clause (a) of section 8 of the Family Courts Act and the suit stands transferred to such Family Court by virtue of clause (c) of section 8 of the Family Courts Act. "

(3.) THE relevant provisions of the Family Courts Act, 1984 are sections 7 and 8 and it would be useful to reproduce them here as follows :