An application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 can only be made to a Magistrate and not to the Family Court.

N. N. MITHAL, J.

( 1 ) AN order passed by the Family Court repelling the appellants plea regarding lack of Family Courts jurisdiction to decide respondents application under S. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act hereafter) is under challenge in this appeal. The appellant (husband) before us has urged that such an application was not entertainable by the Family Court and the impugned order was illegal for want of jurisdiction. This submission is countered by the respondent on the plea that the Family Court had jurisdiction in the matter under S. 7 thereof.

( 2 ) WE have considered the rival submission and we are of the view that the contention of the appellant must prevail.

( 3 ) ADMITTEDLY the proceedings have been initiated on an application captioned under S. 3 of the 1986 Act. It is true that mere caption cannot be conclusive of the latter and substance of the applications is more material and important. The allegations made in the application are that the parties were married on 4-10-83 and the appellant had divorced her on 25-2-91 but she had neither been paid the dower money nor the articles given to her on the occasion of her marriage had been returned back to her and in the alternative the price thereof has also not been paid by the appellant. These allegations leave no room for doubt that the application was essentially one under S. 3 of the 1986 Act, relevant portion of clause (i) whereof reads as under :-"3. Mahr or other properties of Muslim woman to be given to her at the time of divorce- (i) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to- (a) to (b ). . . . . . . . . . . . . . . (c) An amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim law; and (d) all the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends. . . . . . . . . . . . . . . . . "

( 4 ) THE point that remains to be seen is whether an application under S. 3 of 1986 can be entertained by the Family Court or whether it lies within the exclusive jurisdiction of the concerned Magistrate as provided by the Act itself. The respondent vehemently urged that the application could be entertained only by the Family Court in view of S. 7 of the 1984 Act. We may therefore first consider S. 7 of the Family Courts Act, 1984. "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) 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