Source: Kerala High Court 

Why in News? 

A bench of Justice Devan Ramachandran and Justice M.B. Snehalatha held that the reliefs under Sections 18-22 of Protection of Women from Domestic Violence Act, 2005 (DV Act) may fall within categories under Section 7 of Family Courts Act, 1984. 

• The Kerala High Court held this in the case of Fathima v Vappinu (2025). 

What was the Background of Fathima v. Vappinu Case?   

• The case involves Fathima (56 years) [Appellant] and her husband Vappinu (63 years) [defendant], where Fathima is seeking legal protection regarding her residence rights. 
• After appellant’s marriage to the defendant her mother had transferred 25 cents of land for house construction. The house was reportedly built using proceeds from selling Fathima's gold ornaments. 
• Appellant initially filed petition before the Family Court in Kunnamkulam under Section 7(1) of the Family Courts Act, 1984 seeking: 
  • A permanent prohibitory injunction to prevent her husband from trespassing into the property. 
  • Prevention from forcible eviction from the property. 
• Fathima alleges that Vappinu ill-treated her and their children, married another woman, and is now attempting to: 
  • Forcibly evict her from the property. 
  • Alienate (transfer/sell) the property. 
• During the pending original petition, appellant filed an amendment application seeking to include additional protections under Sections 18 and 19 of the Protection of Women from Domestic Violence Act, 2005. (DV). 
• Defendant opposed this amendment application, arguing that: 
  • There was no domestic violence against the appellant. 
  • She had never filed any petition under the DV Act before this. 
  • In a previous case appellant had claimed ownership of the property but lost. 
  • The amendment was filed only as a counterblast to his petition seeking her eviction. 
• The Family Court at Kunnamkulam dismissed the appellant’s amendment application leading to the current appeal before the High Court of Kerala. 

What were the Court’s Observations?  

• The Kerala High Court made the following observations: 
  • On Section 26 of DV Act: 
    • It empowers Civil Courts, Family Courts, and Criminal Courts to grant reliefs under Sections 18-22 of the DV Act. 
    • These reliefs can be sought in any legal proceeding affecting the aggrieved person and respondent. 
    • The provisions should be given liberal interpretation as they are beneficial social legislation. 
  • On the Relationship between Family Courts Act and DV Act: 
    • The reliefs under Sections 18-22 of DV Act may fall within categories under Section 7 of Family Courts Act. 
    • Family Courts can provide DV Act reliefs to ensure comprehensive protection. 
    • Incorporating DV Act reliefs into a Family Court petition won't change its fundamental nature. 
  • On Fathima's Specific Case: 
    • Her original petition already contained factual foundations regarding domestic violence 
    • Adding DV Act reliefs wouldn't change the nature of the original petition 
    • The amendment wouldn't cause prejudice to the respondent (Vappinu) 
  • The court observed that proceedings under DV Act and proceedings before the family court are independent. 
  • However, findings/orders from one forum must be considered by another forum. 
  • The High Court ultimately set aside the Family Court's order and allowed the appellate amendment application, though it specifically noted that it wasn't entering into the merits of whether she was entitled to the DV Act reliefs - that would be decided by the Family Court after trial.  

What is Section 7 of the Family Court’s Act? 

• Section 7 states the jurisdictional powers of the Family Court as: 
  • Primary Jurisdiction of Family Courts: 
    • Family Courts are vested with comprehensive jurisdiction that encompasses both civil and specific family-related matters.  
    • The courts exercise powers equivalent to district courts and subordinate civil courts within their territorial jurisdiction. 
  • Matrimonial Proceedings: 
    • The courts have authority over various aspects of matrimonial relationships including: 
      • Marriage Status and Validity: 
        • The courts can hear cases seeking declaration of marriage as null and void. 
        • They can process requests for restitution of conjugal rights between spouses. 
        • Cases seeking judicial separation fall under their purview. 
        • They have authority to dissolve marriages through appropriate legal procedures. 
        • The courts can make declarations about the validity of marriages. 
        • They can determine and declare the matrimonial status of individuals. 
      • Property Disputes: 
        • The courts handle disputes between married parties regarding their joint property. 
        • They can adjudicate matters concerning individual property of either spouse. 
        • Cases involving division or claims over marital property are within their jurisdiction. 
      • Injunctive Relief: 
        • The courts can issue orders and injunctions in situations arising from marital relationships. 
        • They have the power to provide immediate relief in urgent matrimonial matters. 
      • Personal Status and Rights: 
        • Cases seeking declaration of legitimacy fall under their jurisdiction. 
        • The courts handle maintenance proceedings for family members. 
        • They have authority over guardianship matters. 
        • Child custody disputes are adjudicated by these courts. 
        • They can determine access rights to minors. 
  • Additional Jurisdictional Powers: 
    • Criminal Jurisdiction 
      • The Family Courts are empowered with criminal jurisdiction equivalent to First Class Magistrates specifically under Chapter IX of the Criminal Procedure Code. This allows them to: 
        • Issue maintenance orders for wives. 
        • Determine maintenance for children. 
        • Order maintenance for parents. 
        • Handle criminal aspects of family disputes within specified limits. 
• Extended Jurisdiction: 
  • The courts can exercise additional powers as conferred by other legislation, making their jurisdiction adaptable to new laws and regulations related to family matters. 
• Territorial Jurisdiction: 
  • The jurisdiction of Family Courts is limited to their specified geographical area. Within these territorial limits, they exercise all powers of both civil and criminal nature as specified under the Act. 
  • This comprehensive jurisdiction enables Family Courts to serve as specialized forums for resolving family disputes efficiently while ensuring that all related matters can be dealt with under one roof, avoiding multiplicity of proceedings in different courts.