ARJUN SINGHAL Vs. PUSHPA KARWAL

JUDGEMENT

(1.) This is a reference under Section 113, CPC by the Fourth Additional District Judge, Jabalpur for the opinion of this Court on the point whether the case is triable by him or the Family Court, Jabalpur which has been established by the notification dated 4-3-2002 by the State Government in exercise of the powers under Section 3 of the Family Courts Act, 1984 (hereinafter to be referred to as 'the Act').

(2.) According to the aforesaid notification the Family Court, Jabalpur has the territorial jurisdiction within the area specified in column No. 4 of the Schedule appended thereto. That area is "limits of the Municipal Corporation, Jabalpur including Cantonment area". Section 19 of the Hindu Marriage Act, 1955 provides that every petition under this Act shall be presented to the district Court within the local limits of whose ordinary civil jurisdiction (i) the marriage was solemnized; or (ii) the respondent, at the time of the presentation of the petition, resides; or (iii) the parties to the marriage last resided together; or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

(3.) After the establishment of the Family Courts the words "district Court" in Section 19 of the Hindu Marriage Act, 1955 shall be deemed to have been substituted by the words "Family Court" as per Section 7 of the Act in respect of the area over which it has territorial jurisdiction. The notification issued under Section 3 of the Act has to be read with the provision relating to conferral of the territorial jurisdiction under the Hindu Marriage Act, 1955 in respect of the cases arising under that Act. That would also be the position in respect of the cases arising under the other allied Acts which have to be taken cognizance of by the Family Courts. Section 19 of the Hindu Marriage Act, 1955 enables the petitioner to present the petition under this Act at his or her option at any of the places specified in clauses (i) to (iv) and, therefore, if the petition so presented falls within the territorial jurisdiction of the Family Court, then the Family Court of that area would have the exclusive jurisdiction to entertain and try that petition under Section 8 of the Act and such pending proceedings would also stand transferred to such Family Court.