Best Divorce Lawyer in delhi.

The family courts act has not specifically mentioned the jurisdiction of the family court in matters of domestic violence. And this is the area where family courts are lacking. Though the act hasn’t made any provision related to the matters of domestic violence. However, there is a provision under the Protection of women from Domestic Violence Act, 2005 (hereinafter DV Act), according to which the family court can entertain the matters related to domestic violence. The DV Act is not wholly a criminal law; it has also granted powers to the civil and family courts. As per Section 26 of the DV Act, the victim can not only claim relief from the Magistrate but also from the family court and other civil courts.

In the case of Sudhannya K.N. vs. Umasanker Valsan (2013), the Kerala High Court discussed the scope of DV Act and held that the scope of DV Act is wide as it guarantees rights to women to approach either magistrate or family court for filing suit according to her comfort zone. The court also held that the family court has the power to pass the interim protection orders as well as interim residence orders under Section 26 of the DV Act.

However, Section 26 is not used adequately because the powers of the family court are not properly described as in the matters related to domestic violence and also the family courts are not clear about their jurisdiction under Section 26 of the DV Act.