KAMAL V M ALLAUDIN Vs. RAJA SHAIKH

JUDGEMENT

(1.) THESE are Matrimonial Petitions and Suits which involve a common question of law, namely, whether these matters stand transferred or should be transferred to the Family Court, Bombay, established under the Family Courts Act, 1984 (Act No. LXVI of 1984 ). The Family Court was established in the City of Bombay as from 7th October, 1989, and the Act has been brought into force for the purpose of the said Court as from that day. Since the question involved is likely to arise in several other Matrimonial Suits or Petitions pending in this Court, I thought it convenient to request the Counsel appearing in all these matters to address me, in the first instance, on this question, without going into the merits of each case which will be done separately. The question that arises for consideration may be formulated thus Whether the matrimonial jurisdiction exercisable by this Court (High Court) on its Original Side is not affected by section 7 of the Family Courts Act, 1984, and whether consequently the matrimonial matters pending in this Court on or after 7-10-1989 do not stand transferred to the Family Court ?

(2.) FOR the sake of convenience, I will refer to the Counsel who support the line of argument that the jurisdiction of this Court is not affected and no matters are required to be transferred to the Family Court, as Counsel who support the proposition, and those Counsel who adopt the line argument that the Family Court is now clothed with exclusive jurisdiction to entertain matters of the aforesaid category and all pending proceedings should be transferred to that Court, as, Counsel opposing the proposition.

(3.) MR. Rafiq Dada led the argument in support of the proposition. Mr. J. I. Mehta, Mr. D. V. Merchant, Mr. Karim and Miss. Anusuya Dutt, Advocates, joined him by adding few more points.