SUMAN Vs. PALA RAM

JUDGEMENT

(1.) Arguments were heard in all these Civil Misc. Appeals on the limited question of maintainability of appeal before the Division Bench against the orders passed by the Additional District Judges under Ss. 9 and 13 of the Hindu Marriage Act, 1955.

(2.) The learned counsel appearing for the appellants has contended that the impugned judgments have been passed by the learned Additional District Judge in exercise of civil jurisdiction under Ss. 9 and 13 of the Hindu Marriage Act, 1955. The appeal only lies to the to the Single Judge and it cannot be termed as an order passed by the Family Court constituted under the Family Courts Act, 1984 (hereinafter referred as, 'the Act'). The learned counsel for the appellants has brought to the notice of this Court the order dt. 17.01.20214 passed by the learned Single Judge referring the matter to Division Bench of this Court. The order under reference refers two judgments:

(3.) Both the learned Single Judge who passed the order dt. 17/1/2024 and the judgment in the case of Likhma Ram (cited supra) have placed a reliance on the decision of Division Bench of this Court rendered in Umakant's case (cited supra). The Division Bench while placing reliance on the Notification dtd. 1/6/2016, whereby the powers of the Family Court has been assigned to different courts in territorial jurisdiction where the dispute had arisen, held as follows:-