Jurisdiction of civil court in injunction suit by father

Sir, 

Injunction power rest with the civil judge and not the family courts. Argue on that issues. 

https://kapilchandnaadvocate.wordpress.com/

Warm Regards 

Kapil Chandna Advocate 

9899011450

Judge quoted the section 7 (1) (c & d) of the family courts act

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

ExplNATION The Judge was right.Section 7 (4) explanation d clearly states that (d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

Here your father  filed  a suit forr an injunction restraining both of you from entering his house definitely the injuntion  order releif he sought was  relates to circumstances arising out of a marital relationship. Hence Family court  has jurisdiction  to decide this case as your father's injunction suit relates to circumstances a rising out of your marital relationship and Civl court has no jurisdiction and the Family court alone has jurisdiction and any injunction order relating to circumstances arising out of matrimonial relationship.    The below given case Balram Yadav v. Fulmania Yadav of the Supreme Court  applies to your case.    Your  case squarely falls  in Section 7(4)(d).If you appreciate this answer please click the thank you button on this forum.

uthor: Kurian

                                                                              REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.4500 OF 2016
                  (Arising out of SLP(C) No. 8076 OF 2015)

BALRAM YADAV                                       Petitioner

                                VERSUS

FULMANIYA YADAV                                    Respondent

                               J U D G M E N T

KURIAN, J.

Leave granted.

1. The appellant instituted a Civil Suit before the Family Court, Ambikapur, Sarguja, Chhattisgarh seeking a declaration to the effect that respondent is not his legally married wife. By judgment dated 28.12.2013, the Civil Suit was decreed declaring that the respondent was not appellant's legally married wife.

2. The respondent, being aggrieved, moved the High Court of Chhattisgarh. The High court, as per the impugned order dated 14.01.2015, allowed the appeal holding that the Family Court lacked jurisdiction to deal with the matter. According to the High Court, a negative declaration was outside the jurisdiction of the Family Court.

3. Heard the learned counsel for the parties.

4. Section 7 of the Family Courts Act, 1984(for short “the Act”) deals with the jurisdiction of the Family Courts, which reads as follows:- “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

(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:-

(a)a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;