Santha Vs. Sree Kumar

Santha vs Sree Kumar

Disposition Petition dismissed Court Kerala Decided Jun 24, 1999

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Citation: sooperkanoon.com/732037
Court: Kerala High Court
Judge: K.A. Abdul Gafoor, J.
Decided On: Jun 24, 1999
Case Number: C.M.C. No. 44 of 1999
Subject: Family;Civil
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- KARNATAKA MOTOR VEHICLES TAXATION ACT, 1957. Exemption from tax; [M. Ramachandran, K. Padmanabhan Nair & S.Siri Jagan, JJ] Kerala Motor Vehicles Taxation Act, 1976 Held, Exemption from tax in respect of vehicles under detention for non-payment of tax under Section 11, can be claimed provided owner gives intimati...

Key legal issue: Family;Civil
Outcome / disposition: Petition dismissed
Acts & sections: Code of Civil Procedure (CPC) , 1908 - Sections 24; Family Courts Act, 1984 - Sections 7 and 7(1)

Parties & Advocates

Appellant / Petitioner

Santha

Advocate M. Balagovindan and; Vinod J. Dev, Advs.

Respondent

Sree Kumar

Advocate None

Legal References

Acts: Code of Civil Procedure (CPC) , 1908 - Sections 24; Family Courts Act, 1984 - Sections 7 and 7(1)
Reported In: II(1999)DMC770

Excerpt

- karnataka motor vehicles taxation act, 1957. exemption from tax; [m. ramachandran, k. padmanabhan nair & s.siri jagan, jj] kerala motor vehicles taxation act, 1976 held, exemption from tax in respect of vehicles under detention for non-payment of tax under section 11, can be claimed provided owner gives intimation to r.t.o., regarding non-user of vehicle in accordance with section read with rule 10 by filing form g. moreover, when motor vehicles tax is compensation in lieu of user of public road. further, on the same reasoning benefit of refund of tax under section 6 also can be claimed. orderk.a. abdul gafoor, j.1. the defendant in a suit o.s. 96/95 on the file of the munsif's court, varkala had approached this court seeking an order for transfer of the suit to the family court, thiruvananthapuram.2. family court is a special court established for the purpose of trying the specific suits mentioned in section 7(1) and explanation thereto. therefore any suit, even though the parties are same, cannot be directed to be transferred to family court from a subordinate civil court. the petitioner submits that the defendant is her husband and the subject-matter of the suit is in respect of the residential house occupied by the petitioner. there are pending cases before the family court, thiruvananthapuram. therefore, this shall be transferred.3. if the subject-matter of the suit is one within section 7(1) or the explanation thereunder, necessarily the subordinate civil court will have any jurisdiction to entertain it. therefore, as the suit is one filed after establishment of the family court in thiruvananthapuram, the petitioner need not worry about the result of the suit. on the other hand, if it is a suit beyond the scope of section 7(1) and the explanation thereunder, necessarily it is totally within the jurisdiction of the civil court which cannot be transferred to family court as the family court will have no jurisdiction to try such suit. there is no merit in the petition. it is dismissed.

Full Judgment

ORDER

K.A. Abdul Gafoor, J.

1. The defendant in a suit O.S. 96/95 on the file of the Munsif's Court, Varkala had approached this Court seeking an order for transfer of the suit to the Family Court, Thiruvananthapuram.

2. Family Court is a special Court established for the purpose of trying the specific suits mentioned in Section 7(1) and explanation thereto. Therefore any suit, even though the parties are same, cannot be directed to be transferred to Family Court from a Subordinate Civil Court. The petitioner submits that the defendant is her husband and the subject-matter of the suit is in respect of the residential house occupied by the petitioner. There are pending cases before the Family Court, Thiruvananthapuram. Therefore, this shall be transferred.

3. If the subject-matter of the suit is one within Section 7(1) or the explanation thereunder, necessarily the subordinate Civil Court will have any jurisdiction to entertain it. Therefore, as the suit is one filed after establishment of the Family Court in Thiruvananthapuram, the petitioner need not worry about the result of the suit. On the other hand, if it is a suit beyond the scope of Section 7(1) and the explanation thereunder, necessarily it is totally within the jurisdiction of the Civil Court which cannot be transferred to Family Court as the Family Court will have no jurisdiction to try such suit. There is no merit in the petition. It is dismissed.

Same Court & Year Kerala · 1999 Same Parties Santha vs Sree Kumar Same Subject Family;Civil Same Judge K.A. Abdul Gafoor, J. Acts & Sections Code of Civil Procedure (CPC) , 1908 - Sections 24; Family Co...

Family;Civil