Kurian Joseph, J.

Whether paternity of a child is an issue to be considered by the Family Court under Section 7(1)(e) of the Family Court Act, 1984, without a matrimonial cause, is the question to be considered in this case.

2. The first respondent before the Family Court, Ernakulam, in O.P.No.1234/2005 is the petitioner herein. The relief claimed by the first respondent herein before the Family Court reads as follows:-

"Therefore, it is humbly prayed that this Hon'ble Court be pleased to declare that Bharat Kumar K. Palicha (the 1st respondent) is the father of Bhagat Kumar B., aged 3 years (2nd petitioner) delivered by Selma Mini (1st petitioner) on 9th day of August 2002 at Lakshmi Hospital, Dewans Road, Ernakulam."

The second respondent is the husband of the first respondent at the relevant time. According to the first respondent she had developed extra marital relationship with the petitioner and that the child Bhagat Kumar is born in that relationship. Hence the petition for declaration that the petitioner herein is the father of the said child. The contention of the petitioner is that such a petition for deciding the paternity of a person is not maintainable before the Family Court, without a matrimonial cause.

3. The Family Courts Act, 1984 has been enacted mainly for settlement of "disputes relating to marriage and family affairs and for matters connected therewith". Section 3 deals with establishment of Family Courts for exercising the jurisdiction and powers conferred on the courts under the Act. Section 7 deals with jurisdiction which reads as follows:-

"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) 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 also have and exercise --

(a) the jurisdiction exercised 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."

We are concerned with explanation (e) of Section 7(1) - for declaration as to the legitimacy of any person.

4. Paternity and legitimacy are two different concepts. As can be seen from the jurisdiction conferred on the Family Court, only those matters pertaining to matrimonial causes are to be adjudicated in the Family Court. Paternity by itself may not, in all circumstances, be a matrimonial cause, as in the instant case. Admittedly the petitioner is not the husband of the first respondent