IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22030 of 2011 Babita Verma Versus Prasahnt Kumar Verma & Ors ---------------------------------- 02. 14.12.2011. Heard the learned counsel for the petitioner. This application under Article 226 of the Constitution of India is heard treating the same as an application under Article 227 of the Constitution of India. This application has been filed by the plaintiff petitioner against the order dated 20.7.2011 passed by Sub Judge-II, Buxar in Title Suit No. 8 of 2008 whereby the court below held that in view of section 7 of the Family Court Act, 1984 the Sub Judge has got no jurisdiction to try the suit. The learned counsel for the petitioner submitted that in view of AIR 1979 Orissa 51 the suit was maintainable before the Subordinate Judge as the relief claimed by the petitioner was under Section 34 of the Specific Relief Act. It appears that the decision of the Orissa High Court has been passed prior to the commencement of the Family Court Act, 1984. In view of Section 7 Explanation (b) of the Family Court Act, in my opinion, the suit is maintainable before the Principle Judge, Family Court and not before the 2 Subordinate Judge. In such circumstances, I do not find any reason to interfere with the impugned order passed by the court below. Therefore, this writ application is dismissed. The petitioner is at liberty to approach before appropriate forum by initiating appropriate proceeding. S.S. (Mungeshwar Sahoo,J.)