G M NAIR Vs. JAGADARNMA

JUDGEMENT

(1.) A husband and wife fell out and the wife approached the court of a chief judicial magistrate claiming maintenance allowance from the husband under S.125 of the Code of Criminal Procedure (for short 'the Code'). The chief judicial magistrate granted an order directing the husband to pay her a monthly allowance at the rate of Rs.500/-. Thus far there was not much hitch. But the trouble started when she filed a petition before a judicial magistrate of first class for enforcement of the order and the said magistrate issued notice to the husband. The present Criminal Miscellaneous Case has been filed by the husband contending that with the establishment of Family Court covering the area concerned no magistrate has jurisdiction to continue any proceeding under Chap.9 of the Code.

(2.) I issued notice to the respondent - wife on this Criminal Miscellaneous Case and requested Shri. S. Vijayakumar, advocate to argue as amicus curiae in the matter. I express my gratitude to him as he readily reciprocated and addressed arguments ably.

(3.) There is no dispute that a Family Court has been established in respect of the area concerned. Chap.3 of the Family Courts Act, 1984 (for short 'the Act') deals with jurisdiction. The effect of S.7(1) is to transpose jurisdiction to a Family Court in respect of all matters enumerated therein which hitherto were exercisable by District Courts or subordinate civil courts. Sub-s.(2) says that a Family Court shall also have the jurisdiction exercisable by a magistrate of first class under Chap.9 of the Code. S.8 of the Act is entitled "Exclusion of jurisdiction and pending proceedings". The languages used for ousting jurisdiction of magistrate is so unambiguous that there is no scope for any doubt in the matter. The section says that when a Family Court has been established "no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chap.9 of the Code".