Provisions Of Family Courts Act Remain Unaffected By Gram Nyayalayas Act; Family Court Alone Can Consider Maintenance Case: Kerala High Court

The petitioners, the wife and the children of the respondent, sought transfer of a Maintenance Case filed under Section 125 CrPC before the Grama Nyayalaya, Kunnummal, Kuttiyadi, to the Family Court, Vadakara.

The Single Bench of Justice K. Babu held, “The provisions of the Family Courts Act, a special Law, has not been expressly altered, abrogated or repealed by the Gram Nyayalayas Act. Therefore, the Family Courts Act will remain wholly unaffected by the Gram Nyayalayas Act, 2008. Therefore, the Family Court, Vadakara alone has jurisdiction to consider M.C No.10/2016.”

Advocate Ameen Hassan K represented the Petitioner.

Factual Background

The petitioners filed the Maintenance Case. The Grama Nyayalaya numbered the case and issued notice to the respondent, who failed to appear. An award was passed. Thereafter, the respondent filed an application to set aside the ex parte award. The Nyayadhikari allowed the application. The Grama Nyayalaya proceeded with the matter for trial. The respondent filed a counter contending that the Grama Nyayalaya had no territorial jurisdiction to entertain the petition. Thus, the transfer of the case was sought to the Family Court, Vadakara, on the sole ground that the Nyayadhikari has no jurisdiction to try the maintenance case under Chapter IX of the Cr.PC, as a Family Court having jurisdiction over the subject matter, has been established before the institution of the case.

Reasoning

The Bench explained that under Part II of the First Schedule of the Gram Nyayalayas Act, the Grama Nyayalayas are conferred with jurisdiction to entertain petitions under Section 125. Referring to the provisions of the Gram Nyayalayas Act, 2008, the Bench stated that Sections 11, 12 and 13 confer concurrent jurisdiction on Gram Nyayalayas to exercise powers under both civil and criminal jurisdictions.

“Therefore, the Grama Nyayalayas, as per Part II (v) of the First Schedule, are empowered to deal with maintenance case under Chapter IX of the Cr.PC. However, under Section 8(b) of the Family Courts Act no magistrate shall, in relation to an area where a Family Court is established have or exercise any jurisdiction or powers under Chapter IX of the Cr.PC. Therefore, the Grama Nyayalaya, Kuttiyadi has no power to exercise jurisdiction under Chapter IX of the Cr.PC”, it added.

The Bench also clarified that for the purpose of considering an application under Chapter IX of the Cr.PC, the Gram Nyayalayas Act is a general act in comparison with the Family Courts Act.

The Bench further stated, “A later general law will override a prior special law if the two are so repugnant to each other that they cannot coexist even though no express provision in that behalf is found in the general law. In the absence of an express provision to the contrary and of a clear inconsistency, a special law will remain wholly unaffected by a later general law. The legislature has the right to alter a law already promulgated by it through subsequent legislation.”

Holding that the Family Courts Act will remain wholly unaffected by the Gram Nyayalayas Act, 2008 and the Family Court, Vadakara alone can consider the case, the Bench allowed the Transfer Petition.

Cause Title: ABC v. XYZ (Neutral Citation: 2026:KER:26328)

Appearance

Petitioner: Advocates Ameen Hassan K., Lisna Sherin T.T., Ummul Fadla T.

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