AMJUM HASAN SIDDIQUI Vs. SALMA B

JUDGEMENT

(1.) AN order passed by the Family Court repelling the appellant plea regarding lack of Family Court's jurisdiction to decide respondent's application under section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act hereafter) is under challenge in this appeal. The appellant (husband) before us has urged that such an application was not entertainable by the Family Court and the impugned order was illegal for want of jurisdiction. This submission is countered by the respondent on the plea that the Family Court had jurisdiction in the matter under section 7 thereof.

(2.) WE have considered the rival submission and we are of the view that the contention of the appellant must prevail.

(3.) SECTION 7 (1) (a) confers the entire jurisdiction hitherto exercised by any district court or any subordinate civil court in suits or proceedings relating to matters mentioned in clauses (a) to (g) of the explanation. Subclause (b) creates a legal fiction endowing upon the family courts the status of the district court or subordinate civil court. Similarly section 7 (2) (a) confers the powers and jurisdiction hither to exercisable by a first class Magistrate on the Family Court in relation to chapter IX of the Criminal Procedure Code, 1973.