Section 7 of FCA : Section 7: Jurisdiction

FCA

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Explanation using Example

Imagine a couple, John and Jane, who have been married for five years. Recently, they have been facing irreconcilable differences and decide to get a divorce. They also have a two-year-old daughter. John wants to file for divorce and also settle matters concerning the custody of their daughter and child support payments.

Under the provisions of The Family Courts Act, 1984, John would approach a Family Court within the jurisdiction where they live. The Family Court would have the authority to hear the divorce case, which involves:

  • Dissolution of marriage (Section 7(1)(a))
  • Settlement regarding the custody of their minor daughter (Section 7(1)(g))
  • Determining the amount of maintenance John should provide to Jane and their daughter (Section 7(1)(f) and Section 7(2)(a))

The Family Court would be deemed to have the same powers as a district court or subordinate civil court to address these issues. Furthermore, the court would also handle the maintenance order as a Magistrate of the first class would under the Code of Criminal Procedure.

John and Jane's case would be resolved in a manner that is focused on the well-being of the family, especially the child, and the Family Court would provide a platform for them to settle their disputes amicably or through legal means within a specialized legal framework.

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