The Madras Supreme Courtroom makes use of a full bench to rule on the Supreme Courtroom’s jurisdiction to listen to little one custody issues on the unique aspect

Munishwar Nath Bhandari, Chief Justice of the Madras High Court, has formed a full bench of five Madras High Court Justices to deal with the issue of the jurisdiction of the High Court on the original side to make decisions on custody and guardianship cases Introduction of the Family Courts Act, 1984.

The five judges who are part of the full bench are Judge PN Prakash, Judge R Mahadevan, Judge M Sundar, Judge N. Anand Venkatesh and Judge AA Nakkiran.

The reference to the full bench was made by the bench of Justices AA Nakkiran, PN Prakash and M Sunder formed by the Chief Justice after Justice V. Parthiban (now retired) felt the matter should be settled by forming a larger bench must be decided. The three-judge bench had considered the reference to a larger chamber, since the decision in Mary Thoman v. dr KE Thomas (1989), which authorizes the simultaneous jurisdiction of the High Court, was made by an equal and coordinated chamber, the bench of three judges.

The two questions that the reference seeks to answer are as follows:

(i) Whether the High Court, on its original side, has jurisdiction in matters of custody and guardianship of children in relation to the provisions of Explanatory Note (g) to Section 7(1) in conjunction with Sections 8 and 20 of the Family Courts Act , 1984?

(ii) Whether the decision of a full bench of that court in Mary Thomas Vs. KEThomas (AIR 1990 Madras 100) is still good law?

The full bank can be heard on 06/10/2022 at 10:30 for reference. In addition to the lawyers appearing for the respective parties, the members of the Bar Association were also asked to support the court with submissions on the issue.

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