Family law

Querist : Anonymous (Querist) 08 December 2011 This query is : Resolved
My question is regarding Family court Act 1984, Is it true that irrespective of religion one can file declaratory suit in family court for matrimonial related issues under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation
Or is there any provision for hindus & non-hindus.I request you all to please advice.
Thank you all.

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Raj Kumar Makkad (Expert) 08 December 2011
Anyone can avail the Family Court Act irrespective of his religion.

Devajyoti Barman (Expert) 09 December 2011
Incomprehensible query. Make it simple.

prabhakar singh (Expert) 09 December 2011
The jurisdiction conferred upon is by section
7 reproduced below applies to all Indians.

Read it your self:

1. Short title, extent and commencement.-
(1) This Act may be called the Family Courts Act, 1984 .
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date 1[ as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.

7. Jurisdiction.-
(1) Subject to the other provision of this Act, a Family Court shall--
(a) have and exercise all the jurisdiction exercisable by any district court or 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 court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends. Explanation.-- 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 a 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 of 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.