FAMILY COURT MUMBAI

Jurisdiction

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 subsection are suits and proceedings
of the following nature, namely:
a. a suit or proceeding between the parties to a marriage for decree of a nullity 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 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 any 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 Sec. 7
shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or
proceeding of the nature referred to in the Explanation to that sub-section;
b. no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers
under Chapter IX of the C9de 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
Sec. 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 or such Family Court before 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 has 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;