Legal Question in Family Law in India

can a contested divorce case be filed in a family court or only mutual divorce cases are filed in family court?


Asked on 6/20/12, 8:01 am

3 Answers from Attorneys

Satyajit Patra Satyajit Patra

As per the explanation provided to Section 7 of the Family Courts Act, a Family Court shall have and exercise all the jurisdiction exercisable by any district Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation;

Explanation

The suits and proceedings referred to in this subsection are suits and proceedings of the following nature, namely:

a. a suit or proceeding between the parties to a marriage for decree of a nullity marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

b. a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

c. a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

d. a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

e. a suit or proceeding for a declaration as to the legitimacy of any person;

f. a suit or proceeding for maintenance;

g. a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. "

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Answered on 6/20/12, 9:53 am
Sanjay Kalra Sanjay Kalra & Associates

All kinds of Divorce can be filed before the family court.

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Answered on 6/20/12, 11:12 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

All Family cases incl Divorce.

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Answered on 7/19/12, 5:16 am


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