AZARAIAH C Vs. JUDGE FAMILY COURT

JUDGEMENT

(1.) The petitioner in this Writ Petition seeks a Writ of Mandamus declaring that the Family Court, Secunderabad, has no jurisdiction to entertain the suit on its file - numbered as O.S.No. 12 of 1997, and an interlocutory application therein numbered as I.A.No. 293 of 1997. Office had raised an objection that the Writ Petition was not maintainable. The learned Counsel for the petitioner replied stating that the Family Court passed an order in the said I.A., without any written statement being filed in the said suit and "started chief- examination" and, hence, the writ petition was maintainable under Article 226 of the Constitution of India.

(2.) The learned Counsel submits before us that the contention being advanced in the Writ Petition is that the said suit was not maintainable because it is beyond the jurisdiction conferred by Section 7 of the Family Courts Act, 1984 ('the Act' for short) on the Family Courts.

(3.) In the circumstances, we are of the view that the Writ Petition is maintainable because the question is whether the said suit entertained by the Family Court, Secunderabad was within the jurisdiction conferred on the Family Court under Section 7 of the Act. Office is, therefore, directed to number this Writ Petition.