R.A.SHARMA, J. - (1.) HONBLE single Judge was doubtful as to whether Section 24 of the Civil Procedure Code will apply to Family Courts constituted under the Family Courts Act, 1984 (hereinafter referred to as the Act), and as such, the case was referred to a Division Bench for decision, as this question might come often before this Court.
(2.) CRIMINAL Misc. (Transfer) Application No. 77 of 1989 has been filed under Section 24 of the C.P.C. for transferring the case No. 28 of 1988 under Section 127 of the Cr.P.C. from Family Court, Jhansi to some other Family Court. Civil Misc. (Transfer) Application No. 78 of 1989 has been filed under Section 22 read with Section 23(3), C.P.C. for transferring Original Suit No. 124 of 1988 from Family Court, Jhansi to the corresponding court in Gwalior in the State of Madhya Pradesh. Civil Misc. (Transfer) Application No. 43 of 1989 has been filed under Section 24 of the C.P.C. for transferring the case No. 64 of 1988 from Family Court, Jhansi to some other court competent to dispose of the application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1981. Common question, which has been argued in these three cases, is as to whether High Court has jurisdiction to transfer the case from one Family Court to another Family Court in exercise of the powers of transfer under C.P.C. and Cr.P.C. Section 7 of the Act, which deals with the jurisdiction of the Family Court is 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 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. In connection with the suits and proceedings referred to in the explanation to sub-sec. (1) of Section 7 of the Act a Family Court exercises jurisdiction exercisable by any district or any subordinate civil court and for the purpose of exercising such jurisdiction be deemed to be a district court or subordinate civil court, as the case may be and in respect of the matter relating to Chapter IX of the Cr.P.C. Family Court exercises the jurisdiction exercisable by a Magistrate Ist Class under Chapter IX of the Code.
(3.) SECTION 10 of the Act provides for the procedure and is quoted below : "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, 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 the Code before a Family Court. (3) Nothing in sub-section (1) or subsection (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other." By virtue of Section 10 of the Act, provisions of C.P.C. and of any other law for the time being in force shall apply to suits and proceedings before a Family Court and for the purpose of these provisions of the Code. Family Court shall be deemed to be a civil court and so far as proceedings under Chapter IX of the Cr.P.C. are concerned, the provisions of the Cr.P.C. have been made applicable.;