An application questioned whether a suit challenging a Family Court decree and seeking declaration of non-maternity lies in a Civil Court. The Bench analyzed the Family Courts Act bar and held proceedings were stayed.
The proceedings in the trial Court are stayed till further orders.
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Case No :IA. 0000592/2016
Party Name : JOGAMAYA DAS Vs ANJALI DEB & ORS
HONBLE THE CHIEF JUSTICE DEEPAK GUPTA
Notice has been issued on the main petition and the main issue is whether the second suit lies. Prima facie I am of the opinion that though the learned trial Court may be right in holding that the suit lies so far as the right to have a declaration is concerned but I am also prima facie of the opinion that the another relief prayed for by the plaintiff respondent that the decree of the Family Court should be set aside cannot be entertained by a Civil Court in view of the bar of the Family Courts Act, 1984. Therefore, the question will be whether part of the plaint can be rejected or not. I am also of the view that in view of the provision of Section 7(1) Explanation (b), a suit for a declaration that the present petitioner is not the legally married wife of the deceased would also lie before the Family Court. Therefore, the proceedings in the trial Court are stayed till further orders. Application is disposed of.
Download Date: 8-05-2017 16:05
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3 issues framed by the court
Whether a suit to set aside a Family Court decree violates the bar of the Family Courts Act, 1984.
Whether a suit for declaration that the petitioner is not the legally married wife of the deceased lies before a Civil Court.
Whether the trial court proceedings should be stayed pending further orders.
2 provisions across 1 enactments
JOGAMAYA DAS
ANJALI DEB & ORS
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
