The jurisdiction of the Family Court under the Family Courts Act does not extend to matters related to Succession Certificates as per the provisions of the Indian Succession Act.

( 1 ) THE respondents, though served, remained absent and unrepresented.

( 2 ) AS this petition can be disposedof on a short ground, it is admitted and heard for final disposal.

( 3 ) THIS Civil Revision is preferredagainst the order dated 18-1-1989 passed in P and Sc. No. 10031/1981 by the learned xix Additional City Civil Judge, Mayo hall, Bangalore. By the said order, the learned Judge has transferred the P and Sc. petition to the Family Court.

( 4 ) THE petitioners filed P and Sc. No. 10031/1981 in the court below for grant of a Succession Certificate in respect of the estate of the deceased Chinnappa under Section 372 of the Indian succession Act. In that proceeding, the respondents filed an application 9-9-1988 under section 151 of the C. P. Code for converting the P and Sc. case into an Original Suit on the ground that respondents 2 to 5 are the childrent of late Chinnappa. Thus they contested the case ot the petitioners, that they are the only heirs of deceased chinnappa.

( 5 ) WHEN that application came upfor consideration, the trial court came to the conclusion that the rival claims could not be decided without deciding as to whether petitioner-2 was the legally wedded wife of late Chinnappa. It was also of the view that this question could only be decided by the Family Court under the family Courts Act, 1984 (hereinafter referred to as the 'act' ).

( 6 ) THE trial court is not right in holdingthat Section 7 of the Act is attracted and the city civil court cannot entertain a p and Sc. case and issue a Succession certificate. The trial court has not correctly viewed the provisions contained in part X of the Indian Succession Act and the scope and ambit of Section 7 of the act which determines the jurisdiction of the Family Court.

( 7 ) THE preamble to the Family Courtsact specifically states that the Act is intended to provide for the establishment of family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. Succession Certificate contemplated under the Indian Succession Act is not one of the subjects contemplated under the Act. In tune with the preamble of the Act, Section 7 which provides for the jurisdiction of the family Court, also does not take into its fold. Succession Certificate. Sub-section (1) of Section 7 of the Act specifically provides thus : "7. (1) Subject to the other provisions of this Act, a Family Court shall.- (a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and (b) be deemed for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area in which the jurisdiction of the Family Court extends. Explanation; The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature namely : (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as the matrimonial status of any person; c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship; e) a suit or proceeding for a declaration as to the legitimacy of any person; f) a suit or proceeding for maintenance; g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any miner. Sub-section (2) of Section 7 of the Act deals wit