Amareshwar Sahay, J.-The petitioner has raised a question, regarding the jurisdiction of a Family Court, which has been set up under the Family Courts Act, 1984 (hereinafter referred as Act of 1984) to deal with an application under Section 3 of the Muslim Women (Protection of Rights under Divorce) Act, 1986 (hereinafter referred as Muslim Women Divorce Act of 1986).

2. The facts in short, giving rise to this application are that the marriage between the petitioner and the respondent no. 2 was solemnized on 8.6.1978, according to Muslim rights and custom at Jamshedpur.

The petitioner divorced the respondent no. 2, on 8.9.2001.

3. The respondentno.2, filed an application against the petitioner under Sections 3 & 4 of the Divorce Act, 1986 before the Family Court at Jamshedpur being Misc. Case No. 325 of 2001, for return of the amount of MAHR and the properties and also for grant of maintenance.

4. The petitioner by filing an application before the Family Court, challenged the jurisdiction of the said Court, stating therein that the Family Court has no jurisdiction to entertain the said application filed by the Respondent no. 2, because after coming into force of the Muslim Women (Protection of Rights under Divorce) Act, 1986, it is only a Judicial Magistrate, 1st Class has the jurisdiction to entertain such application and not the Family Court.

5. The Principal Judge, Family Court Jamshedpur, by order dated 11.9.2002, held that the family Court has got jurisdiction to decide the dispute with regard to maintenance and Dower (MAHR) and rejected the petition of the petitioner challenging the jurisdiction of the Court.

6. The petitioner has challenged the aforesaid order of th'3 Principal Judge, Family Court, Jamshedpur in this application by raising the same very question which was raised before the Family Court, challenging the jurisdiction of the Family Court to entertain and deal with the petition under Sections 3 & 4 of the Muslim Women Divorce Act, 1986.

7. Learned counsel for the petitioner has submitted that after enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which is a Special Act, now it is only a Judicial Magistrate of 1st Class who has got the jurisdiction to entertain and deal with the application of a divorced Muslim Woman filed under Sections 3 and 4 of the said Act and, therefore, a Family Court has got no jurisdiction to entertain any such application under Sections 3 & 4 of the Divorce Act of 1986.

8. Therefore, the short point which has to be decided in this case is as to whether a Family Court has any jurisdiction to entertain an application under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 by a divorced Muslim Woman or not?

9. To decide the aforesaid question, it is necessary to notice the relevant provisions of the Family Courts Act, 1984 and the relevant provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Section 7 of the Family Courts Act, 1984 reads as follows :

"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