Family Courts Hold Exclusive Jurisdiction Over Maintenance Claims Where Established: Kerala High Court

The Kerala High Court clarified that Grama Nyayalayas do not have the jurisdiction to decide maintenance cases in areas where a Family Court has been established.

The Court held that the Family Courts Act, 1984, acts as a special law that overrides the more general Gram Nyayalayas Act, 2008.

Applying the legal principle of generalia specialibus non derogant, the Court explained that the Family Courts Act explicitly bars Magistrates from exercising jurisdiction over maintenance claims under the CrPC once a specific Family Court is functional in that area.

Consequently, the Court ordered the transfer of a pending maintenance case from a Grama Nyayalaya to the relevant Family Court.

[Faseela v Jaleel]