IMPORTANT POINT
While exercising jurisdiction u/s 7(2) (a) of the Family Courts Act & disposing off maintenance application u/ s 125 Cr.P.C., the Family Courts act as a Criminal Court & not as a civil court.

ORDER

T.V. Ramakrishnan, J. - 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?

2. As regards the first question, a Division Bench of this court as per its order dated 10- 7 -1997 has held that a petition filed under Section 19(4) of the Act is liable to be treated and numbered as a CRP. The difference may not be of much practical importance as far as the scope of the revisional jurisdiction is concerned since the same has been delineated in Section 19(4) of the Act. But, as regards the second point, the Division Bench has not expressly considered the same. However, the Bench has apparently proceeded on the basis that even while exercising jurisdiction under Section 7(2)(a) of the Act and passing orders in application filed under Section 125 Cr.P.C., the Family Court Acts as a Civil Court. The Bench which referred the matter has doubted the correctness of the above view taken by the Division Bench.

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 Code'. Section 7 is the provision which defines or confers the jurisdiction on the Family Court. It is thus:

"7. Jurisdiction- (1) Subject to the other provisions of this Act a Family Court shall

(a) have and exercise all the jurisdictlon 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 riature referred to in the explanation; and

(b) be deemed, for the purpose 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 to which the jurisdiction of the Family Court extends.

Explanation: The suits and proceedings referred to in this subsection are suits and proceedings of the following nature namely:

(a) a suit or proceeding between the parties to marriage for a decree of nullity of marriage (declaring the marriage to the 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 to 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 minor.

(2) sub