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66. x x x x x

67. x x x x x

68. This discussion made so far leads me to take the following view:-

i) All suits and petitions falling under any of the Clauses (a) to (f) the Explanation to Section 7 of the Courts Act, 1984, excluding matters governed by the Indian Divorce Act, 1869, and Parsi Marriage and Divorce Act, 1936; which were cognizable by the High Court on the Original Side, in exercise of jurisdiction Under the Letters Patent, lie to the Family Court as from 7-10-1989, and the jurisdiction of the High Court stands excluded to that extent in relation to the area over which the Family Court, Bombay, exercises jurisdiction;

ii) No final opinion is expressed as regards matters matrimonial to which Indian Divorce Act and the Parsi Marriage and Divorce Act applies.

Prima facie, such matters will continue to be cognisable by the High Court until jurisdiction in that respect is conferred by express statutory provision upon the Family Court;

iii) All suits and petitions of the description mentioned in Clause (i) above and pending in this Court (High Court) on the Original Side on 7-10-1989 and thereafter stand transferred and arc liable to be transferred to the Family Court, Bombay, under Section 8 of the Family Courts Act, 1984;

14. It was also submitted that this clause of the Explanation (clause (c)) should be read down so that it was only property which had been acquired by the parties to a marriage or either of them at or about the time of the celebration thereof that would be covered thereby. To so do would, it was urged, bring clause (c) in accord with S. 27 of the Hindu Marriage Act, 1955, and S. 42 of the Parsi Marriage and Divorce Act, 1936. Having regard to the frame of clause (c). It is difficult to accede to the submission, though we must say that we envisage some difficulties when we have regard to the provision in the said Act that evidence is not required to be taken in accordance with the provisions of the Indian Evidence Act, a full transcript thereof is not required to be maintained and legal representation is not ordinarily obtainable.