RAMAKRISHNAN, J. - (1.) On the basis of the arguments advanced before us, the points arising for decision by the Full Bench are the following :(1) Whether a revision petition filed under Section 19(4) of the Family Courts Act, 1984 (for short 'the Act') is liable to be treated and numbered as a Civil Revision Petition or a Criminal Revision Petition ? and(2) Whether the Family Court acts as a Civil Court or as a Criminal Court while disposing of applications filed under Section 125 of the Criminal Procedure Code in exercise of its jurisdiction under Section 7(2)(a) of the Act ?
(2.) As regards the first question, a Division Bench of this Court as per its order dated 10-7-1997 has held that a petition filed under S. 19(4) of the Act is liable to be treated and numbered asa C.R.P. The difference may not be of much practical importance as far as the scope of the revisional jurisdiction is concerned since the same has been delineated in Section 19(4) of the Act. But, as regards the second point, the Division Bench has not expressly considered the same. However, the Bench has apparently proceeded on the basis that even while exercising jurisdiction under Section 7(2)(a) of the Act and passing orders in application filed under Section 125 Cr. P.C., the Family Court acts as a Civil Court. The Bench which referred the matter has doubted the correctness of the above view taken by the Division Bench.
(3.) Before proceeding to consider the points we may refer to some of the important provisions in the Act with reference to which the points may have to be decided. Family Court has been defined under Section 2(d) to 'mean a Court established under Section 3 of the Act'. Section 3 of the Act states that for the purpose of exercising the jurisdiction and powers conferred on a Family Court by the Act, the State Government after consultation with the High Court and by notification shall establish for every area in the State comprising a city or town whose population exceeds one million a Family Court. State may also establish Family Courts for such other areas in the States as it may deem necessary. Section 2(e) is to the effect that all other words and expressions used but not defined in the Act and defined in the Code of Civil Procedure, 1908 shall have the meaning respectively assigned to them in that Code'. Section 7 is the provision which defines or confers the jurisdiction on the Family Court. It is thus : "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 Sub-Section are suits and proceedings of the following nature, namely :-(a) a suit or proceedings 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 relation to the guardianship of the person or the custody of, or access to, any minor.(2) Subject to the other provision of this Act, a Family Court shall have and exercise -(a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order of 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."Section 8 excludes the jurisdiction of all other Courts to deal with all such matters in respect of which jurisdiction has been conferred on the Family Court under the Act. It also provides that every suit or proceeding of the nature referred to in Section 7 will stand transferred to the Family Court wherever a Family Court is established. Section 10 prescribes the procedure to be followed by the Family Courts. It is thus :"10. Procedure generally. - (1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before a Family Court and for the purposes of the said provisions of the Code,a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court.(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.(3) Omitted."Section 18 deals with the execution of decrees and orders passed by the Family Court. A decree or order other than an order under Chapter IX of the Cr. P.C. passed by a Family Court shall have the same force and effect as a decree or order of a Civil Court and shall be executed in the same manner as is prescribed by the C.P.C. for the execution of decrees and orders. Section 18(2) specifically provides that an order passed by a Family Court under Chapter IX of the Cr. P.C. shall be executed in the manner prescribed for the execution of such order by that Code, namely Cr. P.C. Section 18(3) further provides that a decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary Civil Court to which it is sent for execution. Section 19 as it stands now after amendment, provides for appeals and revisions. But before amendment it provided only an appeal against all orders except interim orders passed by the Family Court irrespective of the nature of the jurisdiction exercised and the nature of the proceedings dealt with. However, as per the amendment, orders passed under Chapter IX of the Cr. P.C. were excluded from the purview of appealable orders and were made revisable by the High Court as per the newly incorporated provision contained in Sub-Section (4) of Section 19. The said provision is thus :"19(4). The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding."It is relevant to note here itself that the wording of Sub-Section (4) is identically similar to the wording of Section 397 of the Cr. P.C. Sub-Section (5) of Section 19 states that except as provided in Section 19, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court. Sub-Section (6) specifically provides that an appeal preferred under Sub-Section (1) shall be heard by a Bench consisting of two or more Judges.;