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irfan (housewife)     20 January 2012

Civil laws

r divorce laws civil laws??

can divorce cases b contested in civil courts  ???



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 1 Replies

Ashish Chakravarty (Advocate)     20 January 2012

Before the Hon'ble Family Court(s) came into existence, the matrimonial matters used to be decided by the Hon'ble Civil Court(s) and after they came into existence the jurisdiction pertaining to matrimonial matters by virtue of Family Courts Act, 1984 S. 7 was bestowed exclusively upon such Family Court and no longer remained with the CC.

The answer to your query would be that if a family court has been established under whose teritorial jurisdiction your locality is covered or there is a family court in some other tehsil which has the power to hear and decide such cases in which your locality also falls then no you cannot choose cc over fc however if there is no fc then the jurisdiction to hear matrimonial cases still lies with the cc, however im highly doubtful that the latter would be the case.

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