RAJENDRA NARAYAN SANTI Vs. BAILOCHAN SANTI

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, challenge is made to the order dated 23.7.2007 passed by the learned Civil Judge (Junior Division), Jajpur in Civil Suit No. 76 of 2007. By the said order, the learned trial court returned the plaint to the petitioner to present the same before the Family Court, Cuttack.

(2.) THE petitioner as plaintiff filed a suit, for declaration that he is the natural born son of defendant No. 1 and not Madhu Santi and his widow, in the court of learned Civil Judge (Junior Division), Jajpur, which was registered as Civil Suit No. 76 of 2007. By order dated 23.7.2007, the learned trial court returned the plaint to the petitioner to present the same before the Family Court, Cuttack. The learned trial court came to hold that the relief sought for in the suit pertains to status and legitimacy of the plaintiff.

(3.) MR . Mohapatra, learned counsel for the petitioner, submitted that the relief claimed in the suit cannot be granted by the Family Court. The same is essentially a common law remedy and the Civil Court has jurisdiction to decide the issue. On a wrong interpretation of Section 7 of the Family Courts Act, the learned trial court returned the plaint to the petitioner. He relied on a decision of the apex Court in the case of Renubala Moharana and another v. Mina Mohanty and others, : AIR 2004 SC 3500.