VINCENT JOSEPH KONATH Vs. JACINTHA ANGELA VINCENT KONATH

JUDGEMENT

(1.) BY his order dated 16/08/1993 the Prothonotary and Senior Master has made a reference to the Court presided by me while I was sitting as the Chamber Judge as contemplated under the first proviso to R. 131 of the Bombay High Court Rules (Original Side ). The Reference remained part-heard when assignments changed. The material controversy concerning both the suits is identical. The basic facts concerning jurisdictional issue in both the suits are almost identical.

(2.) THE Court is required to interpret Ss. 18 (1) and 18 (4) of the Foreign Marriage Act 1969 and S. 2 of the Indian Divorce Act, 1869 and consider as to whether this Honourable Court has jurisdiction to entertain this suit. The Prothonotary and Senior Master felt that the Family Court, Bombay appears to have jurisdiction to entertain the suits in question in view of the provisions contained in Ss. 7 and 8 of the Family Courts Act, 1984. The Prothonotary and Senior Master has referred the following three questions to this Court for its opinion and determination.

(3.) IN view of the complexity of the problem raised by the reference and the sharp difference of opinion on the subject between the Prothonotary and Senior Master and the learned advocates for the plaintiffs in the two suits, the Court decided to appoint Mrs. S. D. Nanavati, Senior Advocate, of this Court as Amicus Curiae with a request to render assistance to the Court. Mrs. Nanavati has been good enough to accept the request of the Court and file written submissions on the questions involved in this reference after careful study of law points involved herein. I have heard the learned Counsel Mrs. S. D. Nanavati and the learned Counsels Shri C. J. Travasso for the petitioner in Suit Lodging No. 2072 of 1993 and Shri Gopal Hegde, learned Counsel for the petitioner in companion suit bearing lodging No. 2726 of 1993. I have gone through the order of reference made by the Prothonotary and Senior Master and the relevant statutory provisions.