un_animous (.) 30 September 2012
Tajobsindia (Senior Partner ) 30 September 2012
The placed Link and details therein are self sufficient to understand, however in short explained herein also as; in a place (city) where population is more than 1 million Family Courts are established since 14th. Sept. 1984 from time to time as a separate Court complex and same place with same space of population can also have District Courts too running side by side but the moment any new Family Court gets established there, all pending Civil / CrPC matters files related to “family” matters except ‘Succession’ matters gets transferred before Family Court to adjudicate upon and all fresh matters gets to be filed in Family Court once Central Government Circular via State HC's gets Gazette Notified for litigants / legal fraternity to follow upon. Central Government can makes Rules regarding State’s Family Court functioning from time to time.
Before Family Court were established all family related civil / criminal family matters were dealt by District Courts having both Civil (Matrimonial as they are called) Courts as well as before Magistrate (Mahila as they are referred to) Courts by giving them additional charge to try out “family” related disputes.
"Family" is not defined in Family Courts Act. It means and includes / inter-alia relates to suits between parties to a marriage or for a declaration as to the validity of marriage or a dispute with respect to the property of the parties, maintenance, guardianship etc. In addition, the jurisdiction exercisable by a First Class Magistrate under Chapter IX of the Cr.P.C. i.e. relating to order for maintenance of wife, children or parents, has also been conferred on the family court. Hence, pressure is on Central Government to include PWDVA, 2005 (The Act, 2005) to include in cases under disposal under Family Court Act and my guess is by mid next year it will shift from Magistrate Courts to Family Court wherever by this predicted time Family Courts are functioning.
Now, what are the specifics of your facts here as exact detailed difference runs into some 61 pages which are purely academic in nature with technical legal wordings and we suggest any ordinary litigant not to get into academicc while in pursuit of his litigations matters more so said / applicable to ordinary spouses cases J
un_animous (.) 30 September 2012
un_animous (.) 30 September 2012