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M.S.subbarao (Advocate)     01 June 2009

Family court jurisdiction

Question is can a Family Court judge,  i.e., presiding Family Court established under Family Courts Act, be burdened with other civil and criminal  courts work, particularily of District and Sessions Judges, by my transfer of work from such courts and without appropriate appointment under Civil Courts Act and Crimininal Procedure Code?  Does posting of a regular in service District Judge as chairman of the Family court, automatically empowers him to act as District and Sessions Judge? In my view considering the scheme of Family Courts Act, the answer the emphatic NO.  Pls. advice



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 June 2009

I follow the Prabhakr

M.S.subbarao (Advocate)     01 June 2009

Question is whether Principal District Judge or High Court can by merely securing a GO redesignating the Family Court asDistrict court make over cases relating to subject matters beyond the terrirotorial jurisdiction of the Family Court, and without appropriate notifications as contemplated under Cr.P.C establishing Sessions Court or establishing MVCT as per MV Act ?? This question arises in view of the fact that the territorial jurisdiction of Family court is fixed, generally to a town with 1 million population and specifically to deal partciular kind of disputes?  How is work load of court, rather of a presiding judge of a Tribunal relevant when we talk of inherent jurisdiction and also the object of the Spl. enactment and court?  If there is no sufficient work for a Family Court , it can as well be closed isnt it?

 

 

 

 

 

 

 

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hemkumar (advocate)     31 August 2009

I want to know that where should have file a petition regarding custody of child. whether it lies under high court or district. And is it any exemption for the husband to claim for custody of child who is under the age of 5years.


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