Jyoti Devi vs Gnanpat Lal
2022 Latest Caselaw 7577 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 5106/2017

Jyoti Devi D/o Chunni Lal, B/c Mahavar, R/o Pnt 86, Devra,
Devnarayan Colony, Ratlam Mp At Present R/o Nirjharna, Tehsil
Lalsot, District Dausa.
                                                                  ----Appellant
                                   Versus
Gnanpat Lal S/o Shri Sitaram, Caste Mahavar, R/o Nirjharna,
Tehsil Lalsot, District Dausa.
                                                                ----Respondent

For Appellant(s) : Ms. Sangeeta Sharma, Adv. For Respondent(s) : Mr. Ravindra Singh Shekhawat, Adv.

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

01/12/2022

This appeal has been filed under Section 28 of The Hindu

Marriage Act against the judgment and decree dated 08/07/2017

whereby the marriage of the petitioner with the sole respondent

was dissolved under Section 13(B) of the Hindu Marriage Act.

The appellant has challenged the impugned judgment and

decree on the ground that the same was obtained by fraud as well

as on the ground that the learned Additional District and Sessions

Judge had no jurisdiction under Family Courts Act on the date to

pass the impugned order.

The impugned order reveals that the order was passed by

the learned Judge Family Court, Lalsot, District Dausa whereas

contention of the appellant is that the court was not a Family

Court under the Act rather a court of Additional District Judge.

On 01/06/2016, in exercise of power under Section 3 of the

Family Courts Act, the State of Rajasthan in consultation with the

(2 of 2) [CMA-5106/2017]

High Court issued a notification, whereunder jurisdiction of the

family matters within the respective territory was extended to the

Family Court and jurisdiction of the regular Civil Court was

abolished. According to Section 7 of the Family Courts Act, the suit

for a decree of annulment of marriage, besides some other

matters are adjudicable by the Family Courts only. Section 8 of

The Family Courts Act states that where any Family Court has

been established for any area, no other courts would try the

referred matters.

In the aforesaid circumstance, the impugned order was

challengable in appeal to be heard by a Division Bench under

Section 19(6) of the Family Courts Act. Therefore, it is directed

that this S.B. Civil Misc. Appeal be registered as D.B. Civil Misc.

Appeal and be listed before the appropriate roster.

The appellant has filed an application under Section 151 CPC

to restrain the sole respondent from performing marriage with

anyone else. It is stated that the respondent is going to perform

marriage on 02/12/2022. Since an appeal is continuation of the

suit, the operation of the impugned order dated 08/07/2017 shall

remain stayed subject to further order of the Division Bench of the

Court. This order has been passed in presence of learned counsel

for sole respondent.

Hence, it will be assumed that order has been communicated

to sole respondent.

The application (IA No. 1/2022) stands disposed of.

(BIRENDRA KUMAR),J

ANIL SHARMA /25

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