Maintenance Proceedings--Transfer to Gram Nyayalaya--Administrative Order Traceable to Statutory Power Not Assailable Without Challenge to Enabling Provision
Transfer of maintenance proceedings from Family Courts to Gram Nyayalayas under Section 16 of the Gram Nyayalayas Act, 2008 is valid in law. A challenge to an administrative order is not maintainable unless the statutory provision authorising such order is also challenged. Where two special statutes overlap, the later enactment prevails to the extent of inconsistency. The Gram Nyayalayas Act, 2008, being later in time than the Family Courts Act, 1984, prevails in cases of conflict. An action traceable to statutory power cannot be set aside without first dislodging its statutory foundation.
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