Hon’ble Vivek Chaudhary, J.—Heard learned counsel for applicant.

2. Present transfer application under Section 24 C.P.C. is filed by applicant for transferring his case from the Court of Principal Judge, Family Court, Faizabad to any other Court of the District Faizabad.

3. It was put to learned counsel for applicant as to why such an application is not maintainable before the District Judge.

4. I have heard him at length. Section 7 and 8 of the Family Courts Act, 1984 are relevant for our purposes which are quoted below :

“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 the purposes of exercising such jurisdiction under such law, to be a district, 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 the 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 of proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d) a suit of proceeding for an order or injunction in circumstances arising out of a marital relationship;

(e) a suit of proceeding for a declaration as to the legitimacy of any person;

(f) a suit of proceeding for maintenance;

(g) a suit of proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise-

(a) the Jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and

(b) such other jurisdiction as may be conferred on it by ant other enactment.

8. Exclusion of jurisdiction and pending proceedings.—Where a Family Court has been established for any area,-

(a) no district Court or any subordinate Civil Court referred to in sub-section (1) of Section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit of proceeding of the nature referred to in the Explanation to that sub-section;

(b) no magistrate shall, in relation to such area, have exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974);

(c) every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of Section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),-

(i) which is pending immediately before the establishment of such Family Court before any district Court or subordinate Court referred to in that sub-section or, as the case may be, before any magistrate under the said Code; and

(ii) which would have been required to be instituted or taken before or by such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force and such Family Court had been established,,

shall stand transferred to such Family Court on the date on which it is established.”

5. Thus, with regard to cases provided for under Section 7, Family Court has exclusive jurisdiction and no other Court of the area, for which a Family Court is having exclusive jurisdiction, can entertain such matters.

6. There could be certai