Nagendra Sharma & Ors. Vs Court Of Prin. Judge Family Court Gonda & Ors
Para 27. Thus, in my considered opinion contention of the learned counsel for the petitioner that writ of prohibition can be issued restraining the Family Court from proceeding with the application filed by the respondent under Order IX Rule 13 C.P.C. is wholly misconceived as I have already held that in view of Section 10 of the Family Court Act, the provisions of Civil Procedure Code are applicable in proceedings before the Family Court. The Family Court has jurisdiction to entertain an application under Order IX Rule 13 C.P.C. and therefore, no writ of prohibition can be issued to respondent no. 1.
