considered. These are:
The Family Courts Act 1984
"14. Application of Indian Evidence Act, 1872 .-A Family
Court may receive as evidence any report ... enable a Family Court to deal
effectively with a matrimonial dispute under the Family Courts
Act , which is a special Act."
"7. When
away that
jurisdiction and vesting it in the Family Court by
enacting the Family Courts Act the Legislature
cannot be said to have taken ... plaintiff is claiming rights in the assets of Bharatram family held
as joint family (HUF) and it was claimed that besides the husband
Clause (d) of
the explanation to Section 7 (1) of the Family Courts Act, 19841.
2. This petition, under Article 227 of the Constitution ... proceedings
to the learned Family Court, relying, for the said purpose, on Sections
7 & 8 of the Family Courts Act. The impugned order, dated
Guardians and
Wards Act, 1890 (hereinafter referred to as G & W Act). By way
of the impugned order the Family Courts granted the custody ... Family Courts Act, 1984 reads as under:-
"7. Jurisdiction.-(1) Subject to the other provisions of
this Act, a Family Courts shall- -(1) Subject
plaint lies with the Family Court in terms of Section 7(1) Explanation
(d) of the Family Courts Act, 1984 (hereinafter referred ... plaintiff is with a Family
Court in terms of the Section 7 (1) Explanation (d) of the Family
Courts Act .
10. In support
fall within the jurisdiction of the Family Court. He stated
that Section 8 of the Family Courts Act, 1984, stipulates that no District
Court shall ... Family Court was set up for settlement of family
disputes. The reason for enactment of the said Act was to
set up a court which
transfer of the suit
to the Family Court, citing Sections 7 & 8 of the Family Courts Act. It was
held that (i) the claim ... provisions of
the Hindu Marriage Act ; (IV) the Hindu Marriage Act , though a special Act,
does not have an overriding effect for matters for which
defendant no. 1‟s family,
Family Courts cannot exercise jurisdiction under Section 7 of the Act.
8. Based on the aforesaid submissions, the plaintiff contended ... assets of the defendant No. 1‟s
family held as HUF, Plaintiff relies on the definition of „family‟ in Order
32A, Rule
Judgment' passed by the learned Family Court, thereby
being appealable under Section 19 of the Family Courts Act. It must
be emphasized that ... Therefore, the orders passed by a Family Court under Section
12 of the Family Court Act can be purely interlocutory and procedural
in nature; they
application before the learned
Family Court under Order XVI, CPC read with Section 14 of the Family
Courts Act, seeking a direction to Hotel Fairmont ... dealing with this special
law relating to family matters, Section 14 of the Family Courts Act is carved
in a slightly different manner giving very
