MCQ
Q.
Under which section of Family Court 1984, Family Court has the jurisdiction:-
Correct Answer: A
The correct answer is Section 7.
- Section 7 (1) and (2) of the Family Courts Act of 1984, describes the kind of disputes over which the family court has jurisdiction.
- It states that a family court shall have and can exercise the jurisdiction exercisable by any district court or any subordinate civil court under any law.
Key Points
- The jurisdiction is exercisable by the magistrate of the First class relating to the order for maintenance of wife, children, and parents. Any such jurisdiction that may be conferred on it by any other enactment or amendment.
- As per the Family Court Act, 1984, section 7 (c) deals explicitly with the issues related to the property disputes of the parties to the marriage.
- The conflict that arises after the decree of divorce is passed. To deal with the property matter of the parties of the marriage, the family court should exercise its jurisdiction by satisfying two conditions:
- The property dispute must be between the parties to the marriage only.
- The dispute should be with respect to the property of either of the parties.
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It should be noted that the family court has no jurisdiction to deal with the property matters between the members of the joint family.
