- (1.) THIS appeal has been placed before this Bench for deciding the maintainability of this appeal under Section 19 of the Family Courts Act.
(2.) THE respondent filed an application before the Principal Judge, Family Court, Hazaribagh under Section 125 Cr.P.C. claiming maintenance from the respondent. The case of the respondent is that she was earlier married with the elder brother of the appellant and after his pre -mature death she was again solemnized marriage with the appellant in the year 1973 and, thereafter, both started living together. Out of the wedlock three children were born. Respondent's further case is that appellant again contacted second marriage with one Rabiya Khatoon and started neglecting the respondent and her children. The case was contested by the appellant of various grounds. Both oral and documentary evidences were adduced by both the parties. The Family Court after discussing and considering the entire evidences, recorded a finding that appellant is the husband of respondent and he contacted second marriage and started neglecting the respondent and her children. Accordingly, the application for maintenance filed under Section 125 Cr.P.C. was finally disposed of directing the appellant to pay a sum of Rs. 2,000/ - (two thousand) per month to the respondent as maintenance allowance. On the question of maintainability, learned Counsel for the appellant submitted that against the impugned order, the appellant filed criminal revision before this Court being Criminal Revision No. 845 of 2007 but the same was permitted to be withdrawn by order 13.6.2008, as the learned Judge did not incline to entertain criminal revision. By the aforesaid order the said criminal revision was dismissed as withdrawn with a liberty to seek relief under the provisions of law. Learned Counsel appearing for the appellant submitted that in the aforesaid premises, appellant had no option but to again move this Court by preferring appeal under Section 19 of the Family Courts Act.
(3.) SECTION 7 of the Family Courts Act confers power upon the Family Court to exercise all jurisdictions exercisable by any District Court or any subordinate Civil Court under any law for the time being in force. Section 7 reads as under: 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 purpose 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 Sub -section are suits and proceedings of the following nature namely: (a) a suit or proceeding 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 of 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. ;