Family Courts Act prevails over Gram Nyayalayas Act, barring Grama Nyayalayas from exercising jurisdiction in areas where Family Courts are established for maintenance cases.

JUDGMENT :

K. Babu, J.

The petitioners, the wife and the children of the respondent, seek transfer of a Maintenance Case filed under Section 125 Cr.PC before the Grama Nyayalaya, Kunnummal, Kuttiyadi to the Family Court, Vadakara.

2. The petitioners filed the Maintenance Case on 30.11.2016.The Grama Nyayalaya numbered the case and issued notice to the respondent, who failed to appear. An award was passed on 27.03.2017. On 27.02.2023, the respondent filed an application to set aside the ex parte award. The Nyayadhikari allowed the application. The Grama Nyayalaya is proceeding the matter for trial. The respondent filed a counter contending that the Grama Nyayalaya has no territorial jurisdiction to entertain the petition. The petitioners, therefore, seek transfer of the case to the Family Court, Vadakara. The transfer has been sought on the sole ground that the Nyayadhikari has no jurisdiction to try the maintenance case under Chapter IX of the Cr.PC, as a Family Court having jurisdiction over the subject matter has been established prior to the institution of the case.

3. This Court obtained a report from the Nyayadhikari. Relying on Part II of the First Schedule of the Gram Nyayalayas Act, 2008 , the learned Nyayadhikari submitted that it has jurisdiction to entertain a petition under Chapter IX of the Cr.PC. The Registry also submitted that as per clause (v) of Part II of the First Schedule of the Gram Nyayalayas Act, the Grama Nyayalayas have jurisdiction to try and pass orders for maintenance of wives, children and parents under Chapter IX of the Cr.PC, 1973.

4. There cannot be any dispute that under Part II of the First Schedule of the Gram Nyayalayas Act, the Grama Nyayalayas are conferred with jurisdiction to entertain petitions under Section 125 Cr.PC. But the question is whether a Grama Nyayalaya has jurisdiction to entertain and try a petition under Chapter IX of the Cr.PC in relation to an area where a Family Court is established.

5. As per Section 7 (2)(a) of the Family Courts Act , subject to the other provisions of the Act, a Family Court shall have and exercise the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX of the Cr.PC. As per Section 8 (b) of the , where a Family Court has been established for any area, no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Cr.PC. As per notification dated 22.01.2011, the local area jurisdiction of the Family Court, Kozhikode was re-fixed by delinking the Vadakara and Koyilandy Taluks from its jurisdiction. As per SRO No.58/2011 dated 22.01.2011 the Family Court, Vadakara was established with headquarters at Vadakara with jurisdiction over all villages in Vadakara and Koyilandy Taluks in Kozhikode Revenue District. The Grama Nyayalaya, Kuttiyadi comes under Koyilandy Taluk.

6. The jurisdiction, powers and authority of the Grama Nyayalayas are dealt with in Sections 11, 12 and 13 of the Gram Nyayalayas Act, 2008 . As per Section 11, the Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under the Act. As per Section 12, notwithstanding anything contained in the Cr.PC or any other law in force, the Gram Nyayalaya may take cognizance of an offence on a complaint or on a police report and shall try the offences specified in Part I and Part II of the First Schedule. As per Section 13, the Gram Nyayalaya shall have jurisdiction to try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule and try all classes of claims and disputes which may be notified by the Central Government under sub-section (1) of Section 14 and by the State Government under sub-section (3) of the Section