SMT. SAROJ Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The instant writ petition is preferred, said to be in public interest, giving challenge to the Notification dated 5.2.2015 issued by the Governor of Rajasthan exercising powers under Sec. 3 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act of 1984'). Suffice to mention that as per Sec. 7 of the Act of 1984, Family Court is having jurisdiction to adjudicate all the following matters:-

(2.) In the State of Rajasthan on creation of Family Courts in most of the districts, the matters pending before other courts including outline courts pertaining to the matters given in Sec. 7 were transferred for their adjudication to the newly constituted Family Courts. The State of Rajasthan as well as the Rajasthan High Court found that such a transfer has created a huge problem for poor litigants, who were pursuing their cases in outline court. To meet that eventuality, the Government of Rajasthan in consultation with High Court confined jurisdiction of Family Courts to exercise powers with regard to cases referred in Sec. 7 with the court of District Jude/Additional District Judge/Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Judicial Magistrate/Additional Judicial Magistrate concern. The order impugned as a matter of fact, is in public interest and to meet the problem of litigants at large, who are residing in remote areas.

(3.) In view of it, we do not find any force in the petition for writ. Dismissed accordingly.