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section 7 jurisdiction family court 1984 | AJAY SHARMA LAW

Family Court section 7  (Its Jurisdiction)

(1) A Family Court has the same power as a District Court or a lower Civil Court in family-related matters.

It means that, following all the other rules of this law, a Family Court must:

(a) Have and use all the powers that a District Court or any lower Civil Court has, according to the laws in effect right now. This power is specifically for the types of lawsuits and cases that are listed below in the Explanation section.

(b) When the Family Court is using these powers, it will be treated as if it were a District Court or that lower Civil Court for the area where the Family Court operates.

Explanation: Types of Cases a Family Court Hears

The cases mentioned above that a Family Court can handle are the following:

(a) Cases about the Marriage Itself:

  • A lawsuit or proceeding between the husband and wife for:

    • Annulment (declaring the marriage was never legal, or making it void).

    • Restitution of Conjugal Rights (an order for one spouse to return to the other).

    • Judicial Separation (legally separating the couple without ending the marriage).

    • Dissolution of Marriage (divorce).

(b) Cases to Confirm Marriage Status:

  • A lawsuit or proceeding asking the court to officially declare if a marriage is valid or to declare a person's matrimonial status (e.g., whether they are legally married, separated, or divorced).

(c) Property Disputes:

  • A lawsuit between the husband and wife concerning the property belonging to either of them, or both of them.

(d) Orders from the Marriage:

  • A lawsuit or proceeding asking for an order or an injunction (a "stop" order) about a situation that has come up because of the marital relationship (e.g., protection orders).

(e) Legitimacy of a Person:

  • A lawsuit or proceeding asking the court to officially declare the legal legitimacy (lawful status) of any person. (This is usually about a child's legal status).

(f) Financial Support:

  • A lawsuit or proceeding filed for maintenance (financial support/alimony).

(g) Child Matters:

  • A lawsuit or proceeding related to the guardianship (legal care), custody (who the child lives with), or access (visitation rights) to any child under the legal age (minor).

Other Powers the Family Court Has

(2) A Family Court also has a few extra powers, in addition to those listed above:

(a) Maintenance under Criminal Law:

  • It has the same power as a First Class Magistrate to order maintenance for a wife, children, and parents under Chapter IX of the Code of Criminal Procedure, 1973. (This refers to the power to grant maintenance quickly under CrPC Section 125).

(b) Other Powers from Other Laws:

  • It will have any other power that any other law might give.

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