Tuesday, November 25, 2025

Family Courts Act, 1984 — Territorial Jurisdiction — Marriage solemnised and last resided at Kottakuppam — Outside territorial jurisdiction — Family Court, Villupuram right in returning plaint Finding recorded that: (i) marriage between parties was performed at Kottakuppam, and (ii) parties last resided together in Kottakuppam, which does not fall within the jurisdictional limits of Family Court, Villupuram. Hence return of the plaint for want of territorial jurisdiction — justified.

A. Family Courts Act, 1984 — S. 7 — Territorial Jurisdiction — Scope — Family Court cannot exercise jurisdiction beyond area notified by State Government

Petitioner contended that Family Court, Villupuram had jurisdiction over the entire Villupuram District by virtue of S.7, Family Courts Act.
Held, S.7 deals only with subject-matter jurisdiction; territorial jurisdiction is governed by Government notification issued under the Act.
G.O.Ms.No.1136, Home (Courts-II) Department, dated 11-12-2013, specifically restricts territorial jurisdiction of the Family Court, Villupuram to Villupuram Town and Villupuram Taluk.

B. Family Courts Act, 1984 — Territorial Jurisdiction — Marriage solemnised and last resided at Kottakuppam — Outside territorial jurisdiction — Family Court, Villupuram right in returning plaint

Finding recorded that:
(i) marriage between parties was performed at Kottakuppam, and
(ii) parties last resided together in Kottakuppam,
which does not fall within the jurisdictional limits of Family Court, Villupuram.
Hence return of the plaint for want of territorial jurisdiction — justified.

C. Family Court — Jurisdiction cannot be “expanded” beyond notified limits

Family Court cannot assume jurisdiction beyond the area specified in the notification.
Petitioner at liberty to represent plaint before court having territorial jurisdiction.

Held:

Civil Revision Petition disposed of; plaint may be represented before appropriate court. No costs.

No comments:

Post a Comment