Jurisdiction | Family Law - CLAT PG PDF Download

General Jurisdiction

• Family Courts can exercise the same powers as district courts and subordinate civil courts in handling various legal matters.
• For these purposes, Family Courts are considered equivalent to district courts or subordinate civil courts within their designated areas.

Types of Cases Handled

• Marriage-Related Cases: Family Courts deal with cases such as annulment of marriage, restitution of conjugal rights, judicial separation, and dissolution of marriage.
• Validity and Status of Marriage: Cases concerning the validity of a marriage or the matrimonial status of individuals are within the court’s jurisdiction.
• Property Disputes: Disputes between spouses regarding property are addressed by Family Courts.
• Injunctions and Orders: The courts can issue orders or injunctions related to circumstances arising from marital relationships.
• Legitimacy Declarations: Cases concerning the legitimacy of individuals fall under the court’s jurisdiction.
• Maintenance Claims: Family Courts handle cases related to maintenance.
• Guardianship and Custody: Disputes regarding the guardianship of minors, custody, or access to minors are addressed by these courts.

Additional Jurisdiction

• Family Courts also have the authority to exercise powers typically held by a Magistrate of the first class, particularly in matters related to the maintenance of wives, children, and parents under Chapter IX of the Code of Criminal Procedure, 1973.
• They can also exercise any additional jurisdiction granted to them by other laws.

Exclusion of Jurisdiction and Pending Proceedings

When a Family Court is set up for a specific area:

a) Jurisdiction of District Courts and Subordinate Civil Courts

• District courts and subordinate civil courts mentioned in sub-section (7) of section 7 cannot exercise jurisdiction over suits or proceedings specified in the Explanation to that sub-section for the area covered by the Family Court.

b) Jurisdiction of Magistrates under Chapter IX of the Code of Criminal Procedure

• Magistrates cannot exercise jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973, in relation to the area covered by the Family Court.

c) Pending Suits or Proceedings Transfer to Family Court

• Any suit or proceeding of the nature described in the Explanation to sub-section (7) of section 7, and any proceeding under Chapter IX of the Code of Criminal Procedure, 1973, that is:
• i) Pending before a district court, subordinate court, or magistrate immediately before the establishment of the Family Court, or
• ii) Required to be instituted or taken before the Family Court if the Act had come into force earlier,
• Will be transferred to the newly established Family Court on its date of establishment.