(1) Subject to the other provisions 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 circumstance 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.
Simplified Explanation
Section 7 of the Family Courts Act, 1984 defines the jurisdiction of Family Courts, specifying the types of cases they are empowered to hear and decide. The jurisdiction of these courts is broader than traditional civil courts, but it is confined to matters related to family disputes, such as marriage, maintenance, custody, and guardianship.
Subsection (1): Jurisdiction over Civil Cases Related to Family Law
- (a) Jurisdiction of District Courts and Subordinate Civil Courts:
- A Family Court has and can exercise all the jurisdiction that is vested in district courts or subordinate civil courts under any law in force, specifically for suits and proceedings that deal with family-related matters.
- Essentially, Family Courts are empowered to handle matters traditionally dealt with by regular civil courts in the context of family law disputes.
- (b) Family Court as a District Court or Subordinate Civil Court:
- For the purpose of exercising this jurisdiction, a Family Court is treated as a district court or a subordinate civil court, depending on the area to which the Family Court’s jurisdiction extends.
- This provision ensures that the Family Court can perform functions and exercise powers equivalent to those of a district or subordinate court when dealing with family law matters, thus granting it full legal authority in its jurisdiction.
Explanation: Types of Cases Under the Jurisdiction of Family Courts
The following types of suits and proceedings are within the jurisdiction of Family Courts, as specified in the Explanation section:
- (a) Decree of Nullity of Marriage, Restitution of Conjugal Rights, Judicial Separation, or Dissolution of Marriage:
- Cases involving the validity of marriage, such as seeking nullity (declaring the marriage void), restitution of conjugal rights, judicial separation, or divorce are within the jurisdiction of the Family Court.
- (b) Declaration as to the Validity of a Marriage or Matrimonial Status:
- A Family Court can hear cases where a declaration is sought regarding the validity of a marriage or the matrimonial status of any individual.
- (c) Property Disputes Between Married Parties:
- Family Courts are empowered to handle cases between the parties to a marriage regarding the property of either or both spouses. This includes disputes over property division during separation or divorce.
- (d) Orders or Injunctions Arising from Marital Relationships:
- The court can pass orders or injunctions in cases involving disputes arising from marital relationships. This could include orders related to domestic violence, harassment, or other marital conflicts.
- (e) Declaration as to Legitimacy:
- A Family Court has jurisdiction over suits or proceedings related to the legitimacy of a person, including matters where a child’s legitimacy is in question, often in the context of inheritance or parentage disputes.
- (f) Maintenance:
- The Family Court can hear cases related to maintenance, which includes financial support for spouses, children, or dependent parents following divorce or separation.
- (g) Guardianship, Custody, or Access to a Minor:
- Family Courts have jurisdiction over matters relating to the guardianship of children, custody disputes, and issues related to access or visitation rights. This includes decisions about where a child should live and how often they can visit the non-custodial parent.
Subsection (2): Jurisdiction Under the Code of Criminal Procedure (CrPC)
In addition to the civil jurisdiction outlined above, Family Courts also have certain powers typically held by criminal courts, specifically:
- (a) Magistrate’s Jurisdiction Under CrPC (Maintenance Orders):
- Family Courts can exercise the jurisdiction of a Magistrate of the First Class under Chapter IX of the CrPC, which pertains to the maintenance of wife, children, and parents. This includes cases where a party seeks maintenance (financial support) from another party, typically in cases of separation, divorce, or family neglect.
- (b) Additional Jurisdiction Conferred by Other Laws:
- Family Courts may also be granted additional jurisdiction by any other law enacted by the legislature. This means that Family Courts can be given authority to hear and decide cases beyond those explicitly mentioned in the Family Courts Act, should any other law confer such powers upon them.
Summary:
Section 7 outlines the jurisdiction of Family Courts, covering the types of cases these courts are empowered to hear. Key points include:
- Family Courts have civil jurisdiction over family law matters such as divorce, child custody, maintenance, property disputes, and legitimacy.
- Family Courts are deemed to be equivalent to a district court or subordinate civil court for the purpose of exercising this jurisdiction.
- Family Courts also exercise jurisdiction over maintenance issues under the CrPC, similar to a Magistrate’s court.
- Family Courts can have additional powers as conferred by other laws.
This section ensures that Family Courts handle all family-related disputes in a comprehensive and specialized manner, including both civil and some aspects of criminal law (specifically maintenance), providing a holistic approach to family law issues.
