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“7. Jurisdiction – 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 suit 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.” 3. Sub-Sections (1) & (2) of Section 7 of the Act deal with jurisdiction of the Family Court. It does not deal with rights and liabilities of the parties before the Family Court. Rights and liabilities of the parties depend on their personal laws well as civil and criminal laws applicable to them.

Subordinate Courts, Family and Juvenile Court 4

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THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU 
C.R.P. No. 4569 of 2010

10-12-2010 

Razia Begum D/o Mohd. Abbas, 
Aged about 30 years, Muslim, Occ: Nil 
R/o H.No. 17-5-144, Bibi ka Alawa, Dabeerpura
Hyderabad. 

Mohd Iqbal S/o Mohd Abbas 
Aged about 56 years, Occ: Tailor
R/o H.No. 17-5-124/1, Kali Masjid,
Yakutpura, Hyderabad. 

Counsel for the petitioner: Sri Shaik Mahmood Ali.

Counsel for the Respondent: Mr. Vikha Ahmed. 

:ORDER: 

 This revision is filed questioning the impugned order dated 08-06-2010
passed by the Additional Metropolitan Sessions Judge for trial of JHCBBC-cum-
Additional Family Court-cum-XXIII Additional Chief Judge, Hyderabad, in SR No.
1094 of 2010 in MC No.89 of 2010 rejecting the petition filed by sister against
brother for temporary injunction restraining the brother from alienating house
property mentioned in the schedule by any means. The lower court rejected the
application filed by the petitioner/sister in limine on the ground that the
petition filed by the petitioner on the ground that MC No. 89 of 2010 filed by
the petitioner was one under Section 125 Cr.P.C. and that therefore, provisions
of C.P.C will not apply to it.
2. It is contended by the petitioner's counsel that the order passed by the
lower court is erroneous in as much as the petitioner filed the proceeding
before the lower court under Section 7(1)(f) of the Family Courts Act, 1984 (
in short, the Act) and not under Section 125 Cr.P.C. For appreciating the
contention of the petitioner's counsel, a reference to Section 7 of the Act
becomes relevant and it reads as follows:
"7. Jurisdiction - 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 suit 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."3. Sub-Sections (1) & (2) of Section 7 of the Act deal with jurisdiction of
the Family Court. It does not deal with rights and liabilities of the parties
before the Family Court. Rights and liabilities of the parties depend on their
personal laws well as civil and criminal laws applicable to them. The
petitioner filed MC No. 89 of 2010 in the lower court under Section 7(1)(f) of
the Act by affixing court fee stamp of Re.1/- on it. The petitioner's counsel
contends that explanation (f) to Section 7(1) of the Act confers jurisdiction on
the family court on relationship not only a suit or other proceedings for
maintenance and that the petitioner framed the petition in the lower court as
the proceeding and not as a suit for maintenance and therefore, the petitioner
need not pay court fee as in a suit. When questioned under what provision the
proceeding was instituted by the petitioner in the lower court, the petitioner's
counsel stated that the petitioner initiated the proceedings in view of the
right conferred on her to claim maintenance from her brother under Muslim
Personal Laws. Thus, the petitioner wants the lower court to enforce Muslim
Personal Laws in the Proceeding before the lower court. Then, he has to
necessarily file a suit under Section 9 of C.P.C for enforcing the said right
conferred on the petitioner under Muslim Personal Law by way of praying relief
of maintenance against her brother. For filing a suit under Section 9 of C.P.C,
claiming maintenance, the petitioner has to pay necessary court fee in the
proceeding before the lower court. Without doing so, the petitioner cannot
claim that she filed the proceeding in the lower court under explanation (f) to
Section 7(1) of the Act.
4. As per Section 7(2) of the Act, the family court exercises jurisdiction by
a Magistrate of the First Class under Chapter IX of Cr.P.C. In this case,
though the petitioner filed MC No. 89 of 2010 in the lower court under
Explanation (f) to Section 7(1) of the Act, it is virtually, a petition filed
under Section 7(2) of the Act. This conclusion is inevitable having regard to
the type of proceeding assigned in the petition as MC (Maintenance Case) and
court fee of Re.1/- paid thereon. This is not a proceeding under Section 7(1)
explanation (f) of the Act because the petitioner did not frame petition as a
suit under Section 9 of C.P.C and the petitioner did not pay court fee under the
relevant provision of the A.P.Court Fees and Suits Valuation Act, 1956. Thus,
the impugned order passed by the lower court is legal and proper.
5. The petitioner's counsel submitted that he may be permitted to amend the
frame of the Proceeding in the lower court as suit and to pay court fee payable
as a suit for maintenance. The petitioner is at liberty to approach the lower
court with appropriate petition in that regard, in which event, the lower court
would pass an order on merits after giving opportunity to the respondents to
file counter and after hearing both the parties. In case, the petitioner is
permitted to amend frame of the petition as a suit, then the lower court may
address for transfer of amended proceeding from that court to the family court
in City Civil Court, Hyderabad.
6. Subject to the above observation, the revision petition is dismissed. No
costs.


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