Published on: November 12, 2023 at 00:27 IST
Court: High Court of Kerala
Citation: Anoop Vijay v. Arunima P.T., (2021)
The Hon’ble High Court has held that the Family Courts Act, 1984 is a special statue and thus, by the virtue of Lex Doctrine of Generalia Specialibus Non Derogant (i.e., general law yields to special law should they operate in the same field on same subject), Family Courts Act will prevail over the forum specified under the Code of Civil Procedure, 1908.
18. Section 20 of the Act gives the Family Court Act an overriding effect over all other laws. The overriding effect of the Act under Section 20 and the applicability of CPC made subject to the provisions of the Act, makes it abundantly clear that, the intention of legislature was to give exclusive jurisdiction to the Family Courts Act. Coupled with the aforesaid statutory provisions, is the applicability of the principle of special law prevailing over the general law. In the instant case, the Family Courts Act is a special law while the CPC is the general law. So viewed, the forum for execution created under the Family Courts Act will prevail over the forum specified under the CPC.
Drafted By Abhijit Mishra
