Jurisdiction to the Family Courts

JURISDICTION

 

7. Jurisdiction. – (1) Subject to the other provisions of this Act, a Family Court shall –

 

(a) have and exercise all the jurisdictions exercisable by any district court of any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

 

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

 

Explanation. â€“ The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely –

 

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

 

(b) a suit or proceeding for declaration as to the validity of a marriage or as to the matrimonial status of any person;

 

(c) a suit or proceeding between the parties to a marriage with respect to the property to the parties or of either of them;

 

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

 

(e) a suit or proceeding for a declaration as to the legitimacy of any person’

 

(f) a suit or proceeding for maintenance;

 

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

 

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise –

 

(a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973(2 of 1974); and

 

(b) such other jurisdiction as may be conferred on it by any other enactment.

 

 

SANJAY DIXIT 
on 02 March 2008
Published in Family Law
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