Abdul Jaleel V/s Shahinda 2003(2) KLT SC
Para 5
Section 7. Jurisdication
On a plain reading of the provisions, it can be seen that Family Court has jurisdication exercisable by any District Court or by a subordinate Civil Court under any law for the time being in force in respect of suits and other proceedings of the nature referred to in Exp (a to (g). It can be seen that some of the proceedings are in thenature of dispute between the spouse and some of them are in the nature of dispute betweent eh spouse and some of them are in the nature of dispute relating to the property of either of them or both as the case may be. Cl (a) under the Expl reffers to the nature of the proceeding between the parties to a marriage for a decee of nullity or marriage (delcaring the marriage to be null and void or as the case may be, annulling the marriage) or restitution of conjugal rights or judicall separation or dissolution of marriage. Therefore this is a proceeding between the spouse. Cl (b) is in the nature of a proceding realting to declartion as to the nullity of marriage or the matrimonial status of a person. However unlike clause (a) it does not say that such suit or proceeding should be between the parties to the marriage. In other words. Cl (b) is widely couched to inculdin the proceedings of the nature referred to regarding delcarion of the calidity of the marriage or it could be for a a declaration of the martimoinal status aof any person. Therefore any person claiming herself to be wife or the husband of another, a declaration could be sought that she is the legally wedded wife or he is legally wedded husband of the other. It need not necesarly be between the parties and even after the death of either of them, such question may arise and in a case of any dispute, it possible to comprehend such disputes as falling under Cl (b)
Cl (C) refers to a suit or other proceedings between the parties to marriage with respect to their properties or of either of them whereas Cl (d) refers to a suit or other proceedings for an order of injunction in the circumstances arising out of martial relationship To attract Cl (C) the dispute must bebetween the parties to the marriage whereas Cl (d) will attract if the dispute arsies out of marital relationship and need not necessarily between the spouses.
Clause (e) refers to a suitfor a declaration as to the ligitimacy of any person. It may be possible for a child in a wedlock between A and B to claim that he/she is ligitimat child born in the wedlock between the spouses.
Cl(f) refers to suit for maintenance
Cl(g) refers to as suit relating guardianship or custody or any access to any minor. Proceeding could certainly take in even a proceedings not necessarily between the apouses.
