Jurisdictional exclusion of civil courts under family law must be clearly articulated; spouses are accountable for defamation regardless of marital relationship.

JUDGMENT

Manmohan, J. (Oral)--Present appeal has been filed challenging the order and judgment dated 18th November, 2019 passed by the learned Single Judge of this Court, whereby the appellant/defendant-wife's application being I.A.No.15976/2019 under Order VII Rule 11 CPC filed in CS(OS) No.444/2019 was dismissed.

2. Learned counsel for the appellant/defendant emphasises that the plaint filed by the plaintiff/husband is barred by law i.e. under Section 4 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the ` HINDU MARRIAGE ACT ') read with Sections 7 and 20 of FAMILY COURTS ACT , 1984 (hereinafter referred to as the ` FAMILY COURTS ACT '). The said sections are reproduced hereinbelow:

"4: Overriding effect of Act- Save as otherwise expressly provided in this Act,-

(a) any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.

Section 7 read with Section 20 of FAMILY COURTS ACT , 1984

"7. Jurisdiction- (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 to 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 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) Subject to the other provisions of this Act, a Family Court shall also have and exercise-

(a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and

(b) such other jurisdiction as may be conferred on it by any other enactment..

"20. Act to have overriding effect.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act."

(emphasis supplied)

3. Learned counsel for the appellant/defendant contends that the suit filed by the respondent-plaintiff falls under Explanation (d) to Section 7 of the