Judges : T.V.RAMAKRISHNAN,N.DHINAKAR,P.V.NARAYANAN NAMBIAR
Sathyabhama And Etc.Etc. - Appellant
Versus
Ramachandran And Etc.Etc. - Respondent
Case No : C.R.P. Nos. 1217 of 1997 and 1262 of 1997-G etc.
Decided On : 08/28/1997
Advocates Appeared :
For the Petitioner: P.N. Ravindran, M.K. Dileep Kumar, P. Vijaya Bhanu, Sunny Mathew and N.P. Samuel, Advocates. For the Respondent: Dinesh R. Shenoy, Amicus Curiae.
Revision Petition - Family Court Act - Section 19(4) - Summary
Fact of the Case:
The court considered whether a revision petition filed under Section 19(4) of the Family Courts Act, 1984 should be treated and numbered as a Civil Revision Petition or a Criminal Revision Petition. Additionally, the court examined whether the Family Court acts as a Civil Court or as a Criminal Court while disposing of applications filed under Section 125 of the Criminal Procedure Code in exercise of its jurisdiction under Section 7(2)(a) of the Act.
Finding of the Court:
The court found that while exercising jurisdiction under Section 7(2)(a) of the Act and disposing of applications filed under Chapter IX of the Cr. P.C., the Family Court acts as a Criminal Court and not as a Civil Court. The revisions filed under Section 19(4) of the Act were directed to be treated as revisions filed against the orders passed by a Court acting as a Criminal Court and not as a Civil Court.
Issues: The issues before the court were whether a revision petition filed under Section 19(4) of the Family Courts Act should be treated and numbered as a Civil Revision Petition or a Criminal Revision Petition, and whether the Family Court acts as a Civil Court or as a Criminal Court while disposing of applications filed under Section 125 of the Criminal Procedure Code in exercise of its jurisdiction under Section 7(2)(a) of the Act.
Ratio Decidendi: The court relied on the provisions of the Family Courts Act, 1984, and the Criminal Procedure Code to determine the nature of the proceedings and the jurisdiction of the Family Court. It also considered judicial precedents and legal interpretations to establish that proceedings under Chapter IX of the Cr. P.C. are criminal proceedings, and the Family Court acts as a Criminal Court while exercising jurisdiction under Section 7(2)(a) of the Act.
Final Decision: The court directed the office to number the revisions as 'R.P. (Family Court)' liable to be disposed of by a single Judge under Section 3(8) of the High Court Act as a proceeding of a Criminal Court. The revisions filed under Section 19(4) of the Act were to be treated as revisions filed against the orders passed by a Court acting as a Criminal Court and not as a Civil Court.
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 of 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 S. 19(4) of the Act is liable to be treated and numbered as a C.R.P. 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 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 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 sub-section are suits and proceedings of the following nature, namely :-
(a) a suit or proceedings 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
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