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TMI Blog2009 (1) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... the sister's husband of the 2nd petitioner. His wife is Pushpavalli. Their marriage took place in 1968. They have three daughters. Among them, the first daughter is one Vijaya. She was born on 13.03.1970. The 2nd and 3rd children Maheswari and Sarada are living with their parents. Pushpavalli died on 27.9.1994. The petitioners decided to adopt the said Vijaya for which the respondent agreed. On 5.7.1970, the adoption took place. It was not for any consideration. The petitioners got the capacity to take Vijaya in adoption and in turn, she was also capable of being taken to adoption. The parties are Hindus. The custom and usage furnished in the petitioners to take the child in adoption. The adoptive parents do not have any progenies. As p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief accorded by the Family Court, is legally sustainable. 6. It is the bottom-line contention of the petitioner that the Family Court is not competent to deal with the issue. It is also argued that Rangasamy was no more on the date of passing the order of the Family Court on 26.09.2005, since he breathed his last on 10.09.2005 itself. Hence, it is stated that the order passed by the Family Court is a nullity, having no legal force. In order to find out whether the Family Court has got jurisdiction to deal with the affairs relating to adoption, Section 7 of the Family Courts Act, 1984,(in short Act) has to be gone through, which reads as follows: Section 7: Jurisdiction-(1) Subject to the other provisions of this Act, a Family Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to the other provisions of this Act, a Family Court shall also have and exercise:- (a) a jurisdiction execrable by a Magistrate of the first class under Chapter IX(relating to order for maintenance of wife, children and parents) of the Code of Criminal procedure,1973; ( 2 of 1974) and (b) such other jurisdiction may be conferred on it by any other enactment. 7. When the above said provisions are scrutinised, it comes to light that the Family Court shall have the jurisdiction to decide the matters enlisted under the Explanation to Section 7. All of the above said categories of proceedings are relatable to matrimonial affairs and apart from other categories, the Family Court will have no jurisdiction. The area covered by explanat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Naicker and Gopal. Ranganayaki is the wife of Rangasamy Naicker. He died on 19.09.2005. Saradha was wife of Gopal and both of them are no more. Their daughter is Udaya Banu and son is one Devarajulu. Devarajulu died. The remaining heirs to Ramasamy Naicker are Ranganayaki and Udaya Banu alone, each represents their respective branch. Hence, only one heir available in each of the branch. They have stated that both the petitioners took Vijaya in adoption and even though in case, if the adoption is valid, by means of which the petitioner would not get prejudiced. Whatever share she is legally eligible will come to her and the share available to the other branch will come to Ranganayaki. In this circumstances, a question arises in what way th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting which it can exercise jurisdiction under S.7 of the Family Courts Act. 12. The Court is of the opinion that it can interfere with an order passed by a Court, which has patently usurped the jurisdiction exercisable by any other court and there is no impediment to interfere with the same, if the courts, subordinate to the High Court are allowed to transgress their powers by touching the subjects, which are not ear marked for them, the justice will not be rendered to the needy persons. Under supervisory jurisdiction, the High Court has got every power to correct the orders and decisions of the courts below, which are passed without jurisdiction, particularly when they are not specifically conferred with power to try a particular subje ..... X X X X Extracts X X X X X X X X Extracts X X X X
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