Grama Nyaylaya Can't Exercise Jurisdiction Over Maintenance Proceedings In Areas Where Family Court Is Established: Kerala High Court

The Kerala High Court has held that Gram Nyayalayas established under the Gram Nyayalayas Act 2008, cannot exercise jurisdiction over maintenance proceedings under Chapter IX Cr.P.C (pertaining to orders for maintenance of wife, children and parents) in areas where a Family Court has been established.In doing so the court held that since Family Courts Act which is a special law, has not expressly altered by the Gram Nyayalayas Act, therefore provisions of the prior will prevail. Justice K Babu passed the order in a transfer petition filed by a wife and her children seeking to move a maintenance case from the Gram Nyayalaya at Kuttiyadi to the Family Court at Vadakara.Although the Gram Nyayalaya initially entertained the petition and even passed an ex-parte maintenance order, the proceedings were later reopened. A jurisdictional objection was then raised, prompting the petitioners to seek transfer.The petitioner said that Part II of the First Schedule of the Gram Nyayalaya Act 2008 empowers the Gram Nyayalayas to adjudicate maintenance claims under Chapter IX Cr.P.C. Meanwhile Section 7(2)(a) of Family Courts Act 1984, vests Family Courts with jurisdiction of a Magistrate under Chapter IX Cr.PC and Section 8(b) bars Magistrates from exercising such jurisdiction in areas where a Family Court exists.The Court said that under the Gram Nyayalayas Act, Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under the Act. As per Section 12, notwithstanding anything contained in the Cr.PC or any other law in force, the Gram Nyayalaya may take cognizance of an offence on a complaint or on a police report and shall try the offences specified in Part I and Part II of the First Schedule. It further noted that under the Act, Gram Nyayalaya shall have jurisdiction to try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule and try all classes of claims and disputes which may be notified by the Central Government under sub-section (1) of Section 14 and by the State Government under sub-section (3) of the Section. "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," the court said. Whether Gram Nayayalaya Act and Family Courts Act are special or general laws, the court observed that in such a situation the focus must be on the principal subject matter and the particular perspective. It thus said purpose of considering an application under Chapter IX of the Cr.PC (maintenance orders), the Gram Nyayalayas Act is a "general act" in comparison with the Family Courts Act. It said:"The general rule to be followed in the case of a conflict between two statutes is 'leges posteriores priores contrarias abrogant', which means the latter abrogates the earlier one. To this general rule there is an exception, namely, generalia specialibus non derogant (general things do not derogate from special things). However, a special law may be altered, abrogated or repealed by a later general law through an express provision. 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".It thus said that 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. 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," the court said. The Court thus allowed the transfer petition, concluding that the Gram Nyayalaya at Kuttiyadi lacked jurisdiction. It ordered that the maintenance case be transferred to the Family Court at Vadakara, which alone holds competent jurisdiction in the matter. The Family Court was directed to dispose of the case within six months.Case Title: Faseela and Ors. v JaleelCase No: Tr.P (Crl) 122/ 2025Citation: 2026 LiveLaw (Ker) 218Counsel for Petitioner: Ameen Hassan K, Lisna Sherin T.T, Ummul Fadla TClick Here To Read/ Download Judgment

Grama Nyaylaya Can't Exercise Jurisdiction Over Maintenance Proceedings In Areas Where Family Court Is Established: Kerala High Court

Anamika MJ

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