Jurisdiction of family court
Mohit
(Querist) 19 July 2013
This query is : Resolved
Which family court will have jurisdiction in the
Raj Kumar Makkad
(Expert) 19 July 2013
Yes. As both of them last resided in Haridwar so the petition under section 9 can definitely be filed there.
Nadeem Qureshi
(Expert) 20 July 2013
Dear Querist
read section 7 and 8 of family Court act
7. JURISDICTION -
(1) Subject to the other provisions of this Act, a Family Court shall -
(a) Have and exercise all the jurisdictions exercisable by any district court of 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 or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Courts extends.
Explanation. – The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely-
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 maggiage;
A suits or proceeding for declaration as to the validity of a marriage or as to the matrimonial status of any person;
A suit or proceeding between the parties to a marriage with respect to the property to the parties or of either of them;
A suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
A suit or proceeding for a declaration as to the legitimacy of any person;
A suit or proceeding for maintenance;
A suit or proceeding in relation to the guardianship of the person or the custody or, or access to, any minor.
(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise-
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
Such other jurisdiction as may be conferred on it by any other enactment.
8. Exclusion of jurisdiction and pending proceedings.-
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 an 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 or the 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 of 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 or by such Family court if, before the date on which such suit or proceeding was instituted or taken, this Act had come onto force and such Family Court had been established,
Shall stand transferred to such Family Court on the date on which it is established.
prabhakar singh
(Expert) 20 July 2013
But where is the analysis?
I think only Mr.Makkad has provided answer for what has been queried.
Yes ! Querist you are right Husband can file case in family court at Haridwar.But wife can get it transferred to Delhi by an order of Supreme court.
R.K Nanda
(Expert) 20 July 2013
yes,he can file case at Haridwar.
Raj Kumar Makkad
(Expert) 21 July 2013
Thanks Mr. Singh for seconding the opinion.
