Kanak @ Rania Parida vs Kanakalata Parida and Another

S.C. Mohapatra, J.—This is an application for transfer u/s 24 of the Code of Civil Procedure, 1908.

Petitioner claiming to be wife of Opposite parly No. 2 obtained an order for maintenance u/s 125 Cr. P.C. from a Criminal Court at Khurda. Thereafter the opp. party No. 1 has filed a suit in the Court of Munsif, Jajpur within the Cuttack district claiming to be the married wife of opp. party No. 2 by declaring that petitioner is not the wife of opp, party No. 2. Since petitioner is a resident of Bolagarh within the jurisdiction of Khurda, this application has .been filed for transfer of the suit from the Court of Munsif, Jajpur to the Court of Munsil Khurda.

Family Courts Act, 1984 has now come into force and a Family Court has been established at Cuttack. u/s 7(1) Explanation (b) of the Act, the Family Court has jurisdiction in respect of suit or proceeding for declaration as to the validity of the marriage or as to the matrimonial status of any person. When exclusive jurisdiction has been vested in Family Court u/s 8 of the Act and u/s 8(c), every suit of the nature referred to in explanation to Section 7(1) which is pending is to stand transferred to the Family Court, there is no scope for exercise of power u/s 24 C.P.C. for transfer of the suitfrom one Civil Court of ordinary jurisdiction to another in contravention of provisions of the Act. Section 24 C.P.C. would also not govern transfer of a proceeding before the Family Court to any other Civil Court in view of Section 20 of the Act which provides that the provisions of the Family Court Act shall have effect notwithstanding anything contained in any other law for the time being in force.

In view of statutory provision in the Family Court Act which is the special law, the general law u/s 24 C.P.C. would not prevail. Accordingly, the application for transfer is misconceived which is dismissed. There shall be no order as to costs.