Govind Mathur, J. - (1.) The instant writ petition is preferred, said to be in public interest, giving challenge to the Notification dated 5.2.2015 issued by the Governor of Rajasthan exercising powers under Section 3 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act of 1984'). Suffice to mention that as per Section 7 of the Act of 1984, Family Court is having jurisdiction to adjudicate all the following matters:- 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 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."
(2.) In the State of Rajasthan on creation of Family Courts in most of the districts, the matters pending before other courts including outline courts pertaining to the matters given in Section 7 were transferred for their adjudication to the newly constituted Family Courts. The State of Rajasthan as well as the Rajasthan High Court found that such a transfer has created a huge problem for poor litigants, who were pursuing their cases in outline court. To meet that eventuality, the Government of Rajasthan in consultation with High Court confined jurisdiction of Family Courts to exercise powers with regard to cases referred in Section 7 with the court of District Jude/Additional District Judge/Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Judicial Magistrate/Additional Judicial Magistrate concern. The order impugned as a matter of fact, is in public interest and to meet the problem of litigants at large, who are residing in remote areas.
(3.) In view of it, we do not find any force in the petition for writ. Dismissed accordingly. Petition dismissed. ;