Determination of jurisdiction

Whenever a challenge is made to the jurisdiction of the Court, such Court is obliged to decide the matter of its jurisdiction first by taking into account all the relevant facts

However, the Courts have inherent jurisdiction to decide the question of their own jurisdiction with respect to a specific matter and jurisdiction of a Court is initially determined by the pleadings of the parties

If the Court reaches upon the conclusion that it does not have the jurisdiction to decide the lis before it, the Court should return the plaint under O. VII, R. 10, C.P.C., because decision will have a binding force only when the same is passed by a Court of competent jurisdiction.

Family Court had exclusive jurisdiction to entertain, hear and adjudicate all the matters which fell within First Schedule of Family Courts Act, 1964 which included custody and guardianship matters

In the present case, application for custody of minors filed under S. 25 of Guardians and Wards Act, 1890 was returned for presentation before the appropriate forum

Constitutional petition was allowed accordingly.