Where a Family Court has been established for any area,—
(a) no district court or any subordinate civil court referred to in sub-section (1) of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section;
(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974);
(c) every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),—
(i) which is pending immediately before the establishment of such Family Court before any district court or subordinate court referred to in that sub-section or, as the case may be, before any magistrate under the said Code; and
(ii) which would have been required to be instituted or taken before such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force and such Family Court had been established, shall stand transferred to such Family Court on the date on which it is established.
Simplified Explanation
Section 8 of the Family Courts Act, 1984 deals with the exclusion of jurisdiction from traditional courts (district courts, subordinate civil courts, and magistrates) once a Family Court has been established. It also addresses the transfer of pending proceedings to the newly established Family Court.
Key Provisions:
Subsection (1): Exclusion of Jurisdiction of Other Courts
- (a) District Courts and Subordinate Civil Courts:
- Once a Family Court is established in a particular area, district courts and subordinate civil courts (which would otherwise have jurisdiction over family-related matters) lose their authority to hear cases of the nature described in Section 7 (e.g., divorce, maintenance, custody, property disputes related to marriage, etc.) within that area.
- This means that only the Family Court will have the jurisdiction to deal with such family law matters in the designated area, ensuring specialized handling of these cases.
- (b) Magistrates:
- Similarly, magistrates in the area where a Family Court is established will no longer have jurisdiction or powers under Chapter IX of the Code of Criminal Procedure (CrPC), which deals with maintenance orders. Maintenance cases, which were previously within the jurisdiction of magistrates, will now fall under the purview of the Family Court.
Subsection (2): Transfer of Pending Proceedings
- (c) Pending Suits and Proceedings:
- If there are any ongoing proceedings or suits before the district court, subordinate civil court, or magistrate at the time the Family Court is established, these cases will be transferred to the Family Court automatically.
- This includes:
- Suits and proceedings of the nature mentioned in Section 7 (e.g., divorce, maintenance, child custody, property disputes related to marriage, etc.).
- Proceedings under Chapter IX of the CrPC (maintenance matters).
- Timing of Transfer:
- The transfer will happen immediately before the Family Court is established and will occur automatically as of the date the Family Court is set up in the area.
- The section ensures that there is no disruption in the legal process. Cases that would have been filed in the Family Court if it had existed at the time will simply be transferred to it, maintaining continuity and clarity for litigants.
Purpose and Impact:
- Centralization of Family Law Cases: Section 8 consolidates family law matters under the jurisdiction of the newly established Family Court, which is specifically designed to handle sensitive family disputes, ensuring better expertise, and support for litigants.
- Avoiding Confusion: By automatically transferring pending cases from the district court, subordinate civil court, or magistrate, the section eliminates any confusion about where cases should be heard, ensuring that all family law matters are addressed by the Family Court without procedural delay.
- Efficient Legal Process: The transfer provision ensures the smooth continuation of proceedings. It prevents the need for plaintiffs or petitioners to refile their cases in the newly established court, streamlining the legal process.
Summary:
Section 8 addresses the jurisdiction of Family Courts by:
- Excluding the jurisdiction of district courts, subordinate civil courts, and magistrates for family law matters once a Family Court is established in a specific area.
- Transferring all pending family law suits and maintenance proceedings to the newly established Family Court to ensure that cases are heard by the appropriate forum and that no legal process is interrupted.
This section ensures that once Family Courts are established, they become the sole authority for family law cases in their jurisdiction, creating a specialized and focused environment for resolving family-related disputes.
