Family or civil court

yogesh (Querist) 26 June 2011 This query is : Resolved
With the opening of family court in saket and delhi DISTRICT COURTS, whether its the litigant have the choice to move an application before ADJ-CIVIL OR its manadatory to file the petition before family court under HMA-1955

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prabhakar singh (Expert) 26 June 2011
its manadatory to file the petition before family court under HMA-1955

yogesh (Querist) 27 June 2011
So the litigant cannot move the application before Additional District Court?? All the matters will now be heard before the family courts....Then it will be the drawback for the advocates as they cannot contest the case on the behalf of their clients as they cannot actively represent the case

prabhakar singh (Expert) 27 June 2011
advocates can contest the case after grant of leave of the family courts but not as of right.

Guest (Expert) 27 June 2011
yes it is correct. moreover the family court is ousting jurisdiction of other court in the specified jurisdiction

yogesh (Querist) 27 June 2011
Sir, My doubt is not clear If I wanna to file the application under section 9, 13 of HMA whether I will have to file the Application in Family Court or ADJ(Civil)
Thankyou

Guest (Expert) 29 June 2011
because as per the family court act you cannot file it in different court. The family has got jurisdiction like judicial magistrate, Sub-judge court, District court (sessions and civil) So all the court which execercises the jurisdiction in matrimonial matters ousted as per family court act. if you file it in different court the petition and suit will be returned to be presented in proper court.

Arun Kumar Bhagat (Expert) 03 July 2011
You have to file suit in Family Court.

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