S. No. 53 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 56/2023 Javaid Ahmad Bhat …Appellant/Petitioner(s) Through: Mr. Hakim Suhail & Mr. Sheikh Faisal, Advocates Vs. Dr. Shazia Wani and Ors. ...Respondent(s) Through: Mr. Mushtaq Ahmad Dar, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 29.07.2025 Heard learned counsel for the parties. So far as the jurisdiction of the Court of Principal District Judge, Srinagar is concerned, it is not disputed, that it had no jurisdiction in terms of Section 8 of Family Courts Act and it is also not in dispute that the Family court in District Srinagar has come to be established on 16.04.2021, therefore, all the matters falling under Family Courts Act were required to be transferred/assigned to the said Court which were pending on that date and after establishment of the Court on 16.04.2021. Thus Principal District Judge, Srinagar, was not having any power to pass any order in such matters which are within the domain of the Family court. Principal District Judge, Srinagar has however passed an order granting maintenance on 30.11.2022 i.e., after the establishment of the Family court. The said order is under challenge before this Court in this instant petition on the ground that the order has been passed by that Court without having jurisdiction. Learned counsel for the respondents, Mr. Mushtaq Ahmad Dar, submits that this matter is required to be transferred to the Family Court. However, he submits that respondents cannot be made to suffer if counsel representing the parties was not aware about the establishment of the Family Court or exclusion under Section 8 of the Family Courts Act. Therefore, he submits that despite the Court lacking jurisdiction, the Order of granting maintenance would stand. His further argument is that the advocates representing the parties have not brought this fact to the notice of the Court. He submits that he himself was not knowing about the exclusion of the jurisdiction, therefore, he submits that the order granting maintenance cannot be interfered with. I am afraid to accept the submissions made by the learned counsel for the respondents because an order without jurisdiction cannot stand. It is to be set aside. By not informing the Court about the exclusion of the jurisdiction by the counsel for the parties will not invest jurisdiction upon the Court which lacks jurisdiction in terms of Section 8 of the Family Courts Act excluding its jurisdiction. Therefore, order impugned is set-aside. Trial Court, viz, Principal District Judge, Srinagar, shall forthwith send/transfer the instant case to the Family Court, Srinagar. Parties to appear before Principal District Judge, Srinagar, with copy of this order, who immediately thereupon transfer the case to the Family Court. In view of the above, disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 29.07.2025 Misba