The High Court clarifies that only the High Court or District Court can transfer cases under Section 24 of the CPC, dismissing prior judicial opinions suggesting otherwise.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has clarified that Family Courts do not possess the jurisdiction to transfer cases between themselves within the same district. The judgment, delivered by Justices Sudesh Bansal and Anil Kumar Upman, emphasized that such powers are exclusively vested in the High Court or the District Court under Section 24 of the Code of Civil Procedure (CPC), 1908.
The matter came before the court as a civil reference following a controversial decision by Family Court No. 1 in Bharatpur, which had transferred several matrimonial cases to Family Court No. 2 in the same district. This action was based on a previous single-judge ruling from 2017, which implied that Family Courts could self-transfer cases to streamline proceedings.
The High Court meticulously analyzed the statutory framework and concluded that Family Courts are governed by the Family Courts Act, 1984, which does not grant them the authority to transfer cases. The court noted that Section 24 CPC clearly delineates the power of transfer to the High Court or the District Court, and any interpretation to the contrary would be legally unsound.
This judgment also addressed the previous single-judge decision, declaring it as "per incuriam" (a decision made without regard to statutory provisions), thus not binding as a judicial precedent. The bench highlighted that Family Courts, while exercising their jurisdiction, cannot assume powers not conferred upon them by the statute.
The ruling further emphasized the importance of maintaining the hierarchy and jurisdictional boundaries established by law, reinforcing that Family Courts are not subordinate to each other, and thus, cannot transfer cases among themselves.
The court's decision underscores the need for adherence to statutory provisions and clarifies the procedural boundaries for Family Courts in Rajasthan, ensuring that cases are handled within the correct legal framework.
Bottom Line:
Family Courts do not possess the jurisdiction to transfer cases from one Family Court to another within the same district. The power of transfer under section 24 CPC is vested solely with the High Court or the District Court and cannot be assumed or exercised by Family Courts.
Statutory provision(s): Section 24 of the Code of Civil Procedure, 1908; Sections 7, 4, and 3 of the Family Courts Act, 1984; Section 21A of the Hindu Marriage Act, 1955; Sections 2, 22, and 23 of the Code of Civil Procedure, 1908; Chapter IX of the Code of Criminal Procedure, 1973 (now Chapter X of BNSS, 2023).
Hema v. Mohit Bhardwaj, (Rajasthan)(DB)(Jaipur Bench) : Law Finder Doc id # 2878070
