Post-establishment of a Family Court, all execution proceedings must fall under its jurisdiction as per the Family Courts Act, including those filed prior to its establishment.

ORDER :

K.R. MOHAPATRA, J.

1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail the order dated 15^th December, 2021 (Annexure-7) passed by learned Judge, Family Court, Puri in Execution Case No.16 of 2009, sending back the case record to the Court of learned Civil Judge (Senior Division), Puri to adjudicate the execution proceeding holding that since Family Court at Puri was not in existence on the date of filing of the execution case, the provision of Section 8 (c) of the Family Courts Act, 1984 (for convenience, ‘the Act’) would not be attracted.

3. Mr. Mohanty, learned counsel submits that the Opposite Party filed MAT Case No.227 of 2002 before learned Civil Judge (Senior Division), Puri for dissolution of marriage by a decree of divorce. The Petitioner filed counter claim for restitution of conjugal rights and consequential relief. The suit for dissolution of marriage was dismissed and counter claim for restitution of conjugal rights was allowed. Since the Opposite Party did not comply with the said direction, Execution Case No. 16 of 2009 was filed in the Court of learned Civil Judge (Senior Division), Puri. During pendency of the execution proceeding, Family Court, Puri was established on 23^rd June, 2010. Accordingly, the J.Dr.-Opposite Party filed an application for transfer of the execution proceeding to Family Court, Puri. On receipt of the application, learned Civil Judge (Senior Division), Puri vide his letter dated 19^th May, 2012 sought for administrative approval to transfer the execution proceeding to the Family Court, Puri. After receiving administrative approval, the record in execution case was transferred to the Family Court, Puri on 19^th June, 2012. Since then, parties are participating in the execution proceeding before the Family Court, Puri. When the matter stood thus, learned Judge, Family Court, Puri raising doubt about its jurisdiction to entertain the execution proceeding, examined the matter and vide order dated 15^th December, 2021 under Annexure-7, directed to send back the case record to the Court of learned Civil Judge (Senior Division), Puri to deal with the execution proceeding holding that the provision under Section 8 (c) of the Act is not applicable to the case in hand.

4. Mr. Mohanty, learned counsel for the Petitioner further submits that Section 7 of the Act deals with the jurisdiction of the Family Court and Section 8 deals with exclusion of the jurisdiction and pending proceeding before any other Court over which Family Court established for the area, has jurisdiction. For ready reference, the provisions are reproduced hereunder:

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