SATYABHAMA Vs. RAMACHANDRAN

JUDGEMENT

(1.) On the basis of the arguments advanced before us, the points arising for decision by the Full Bench are the following: 1. Whether a revision petition filed under Section 19(4) of the Family Courts Act, 1984 (for short the Act) is liable to be treated and numbered as a Civil Revision Petition or a Criminal Revision Petition? And

(2.) Whether the Family Court acts as a Civil Court or as a Criminal Court while disposing off applications filed under Section 125 of the Criminal Procedure Code in exercise of its jurisdiction under Section 7(2)(a) of the Act?

(3.) Before proceeding to consider the points we may refer to some of the I important provisions in the Act with reference to which the points may have to be decided. Family Court has been defined under Section 2(d) to mean a court established under Section 3 of the Act. Section 3 of the Act states that for the purpose of exercising the jurisdiction and powers conferred on a Family Court by the Act, the State Government after consultation with the High Court and by notification shall establish for every area in the State comprising a city or town whose population exceeds one million a Family Court. State may also establish Family Courts for such other areas in the States as it may deem necessary. Section 2(e) is to the effect that all other words and expressions used but not defined in the Act and defined in the Code of Civil Procedure, 1908 shall have the meaning respectively assigned to them in that CodeT. Section 7 is the provision which defines or confers the jurisdiction on the Family Court. It is thus: