Full Order Text
Order 1 · 28 Nov 2023 · CNR DLNE030009752023
Order Details: COPY OF ORDER Pdf Text: Civ Suit 519/23 Mst. Tarana Vs. Shan Mohd @ Shanu Ansari @ Munna Kumar 28.11.2023 Present: Sh. Tarun Makhija, Ld. Counsel for plaintiffs alongwith plaintiffs in person. The entire record is perused. Present suit has been filed by plaintiff no. 1 against her husband i.e. defendant no. 1 and his relatives. Plaintiff no. 2 is the daughter of plaintiff no. 1 and defendant no. 1. It is prayed in present suit that a decree of permanent injunction be passed restraining the defendants from causing any interference in the peaceful possession of the plaintiffs at the suit property bearing no. 1143, A Block, Gali No. 24, Shri Ram Colony, North East Delhi-110094 which is alleged by her matrimonial house and further, a decree of permanent injunction restraining the defendants from forcibly dispossessing the plaintiffs from the suit property. It is further prayed that defendant be restrained from creating any third party interest in the suit property. This is a suit arising out of relationship of marriage between plaintiff no. 1 and defendant no. 1. In the relevant facts and circumstances, it is pertinent to reproduce and mention the relevant provisions of law i.e. Section 7 of Family Court Act, 1984:- “S.7 Jurisdiction- (1) Subject to the other provisions of this Act, a Family Court shall- “(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and -- 1 of 2 -- (b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends. Explanation – The suits and proceedings referred to in this sub section are suits and proceedings of the following nature, namely :- (d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship” As per the aforesaid provision any suit or proceeding filed for an order or injunction in relation arising out of a marital relationship shall be dealt by Ld. Family Courts. In these facts and circumstances, I am satisfied that this Court being a Civil Court does not have jurisdiction to deal with this case as the subject matter falls within the purview and jurisdiction of the Ld. Family Courts. Accordingly, file be put up before Ld. Principal District & Sessions Judge, North East, Delhi on 11.12.2023 at 02:00 PM for appropriate orders. Both the parties are directed to appear before the Ld. Principal District & Sessions Judge on the date & time fixed. Tania Singh ACJ-cum-ARC-cum-CCJ North-East/Karkardooma Courts Delhi/28.11.2023 -- 2 of 2 --