IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 416 of 2022 Reserved on : 13.03.2025 Decided on : 24.03.2025 Parvati Devi and Ors. .…Petitioners. Versus State of Himachal Pradesh and Ors. …Respondents. Coram The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 No For the petitioners : Mr. Pushpinder Kumar, Advocate, vice Mr. K.B. Khajuria, Advocate. For the respondents : Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No. 1 to 3. : Mr. Rajat Awasthy, Advocate, for respondents No. 4 and 5. : Mr. Ashish Verma, Advocate, for respondents No. 6 to 8. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Neutral Citation No. ( 2025:HHC:7524 ) Satyen Vaidya, Judge Heard. 2. Petitioners herein have filed a suit against respondents for declaration to the effect that petitioner No. 1 is a legally wedded wife of deceased Bhup Singh and petitioners No. 2 to 4 are his daughters. Apparently, plaintiffs have pleaded cause of action to file such suit as respondent No. 4 is also claiming to be the legally wedded wife of deceased Bhup Singh, who was a government servant. As a consequence, plaintiffs have also sought relief with respect to the service benefits of deceased Sh. Bhup Singh. 3. The Civil Suit filed by plaintiffs was pending in the Court of learned Senior Civil Judge, Kullu, District Kullu, H.P.. During the pendency of the suit, learned Senior Civil Judge, Kullu, District Kullu, H.P., passed the impugned order, holding that since the Family Courts Act, 1984, had been made applicable in the State of Himachal Pradesh, 3 Neutral Citation No. ( 2025:HHC:7524 ) the suit was liable to be tried by the Family Court. In result, an order was passed to submit the record of Civil Suit to learned Principal Judge, Family Court, Kullu, District Kullu, H.P., for disposal. Parties were directed to appear before the Family Court, Kullu, H.P. on 30.09.2022. 4. Petitioners have assailed the aforesaid order on the ground that the nature of suit was not such which warranted its transfer to the Family Court. 5. Explanations to Section 7 of the Family Courts Act, 1984 (for short “Act), provides for such categories of suits/proceedings which fall within the exclusive jurisdictional domain of Family Court. Clauses (b) and (c) of explanations appended to Section 7, reads as under:- “(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”. 4 Neutral Citation No. ( 2025:HHC:7524 ) 6. Section 8 of the Family Courts Act, 1984, provides that where a Family Court has been established for any area; no Court as referred to in sub-section (1) of Section 7 shall have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the explanation to that sub-section. Section 8(c) further provides that all pending matters as referred to in explanation appended to sub-section (1) of Section 7 of the Act, on coming into force of this Act, shall stand transferred to the Family Court. 7. Learned Senior Civil Judge, Kullu, H.P., has not committed any illegality in passing the impugned order as the petitioner No.1 has sought declaration, in the suit, as to her matrimonial status and also with respect to the property of her alleged husband, which is clearly covered under Clauses (b) and (c) of explanation to sub-section (1) of Section 7 of the Act. 5 Neutral Citation No. ( 2025:HHC:7524 ) 8. In result, there is no merit in the petition and the same is dismissed. 9. The records of Civil Suit No. 71 of 2016, titled as Parvati Devi and Ors. Vs. State of Himachal Pradesh and Ors., shall stand transferred from the files of learned Senior Civil Judge, Kullu, District Kullu, H.P., to the Court of learned Principal Judge, Family Court, Kullu, H.P. forthwith. 10. Pending miscellaneous application(s), if any, shall also stand disposed of. (Satyen Vaidya) 24th March, 2025 Judge (sushma)