AMARESHWAR SAHAY, J. - (1.) THE petitioner has raised a question, regarding the jurisdiction of a Family Court, which has been set up under the Family Courts Act, 1984 (hereinafter referred as Act of 1984 to deal with an application under Section 3 of the Muslim Women (Protection of Rights under Divorce) Act, 1986 (hereinafter referred as Muslim Women Divorce Act of 1986).
(2.) THE facts in short, giving rise to this application are that the marriage between the petitioner and the respondent no. 2 was solemnized on 8.6.1978, according to Muslim rights and custom at Jamshedpur. The petitioner divorced the respondent no. 2, on 8.9.2001. The respondent no.2, filed an application against the petitioner under Sections 3 and 4 of the Divorce Act, 1986 before the Family Court at Jamshedpur being Misc. Case No. 325 of 2001, for return of the amount of MAHR and the properties and also for grant of maintenance.
(3.) THE petitioner by filing an application before the Family Court, challenged the jurisdiction of the said Court, stating therein that the Family Court has no jurisdiction to entertain the said application filed by the Respondent no. 2, because after coming into force of the Muslim Women (Protection of Rights under Divorce) Act, 1986, it is only a Judicial Magistrate, 1st Class has the jurisdiction to entertain such application and not the Family Court.;