Legal Learning | Jurisdiction of Family Courts in Adoption Matters
Understanding the Limits of Family Court Jurisdiction under the Family Courts Act, 1984
⚖️ Key Legal Insight:
Family Courts do not have jurisdiction to decide disputes concerning the validity of Adoption Deeds, even though they are empowered to handle guardianship and custody matters.
🔍 Legal Basis:
1. Adoption vs. Guardianship:
While the Hindu Adoptions and Maintenance Act, 1956 (HAMA) governs both adoption and maintenance, the Family Courts Act, 1984 expressly limits its jurisdiction to guardianship and custody, not adoption validity.
2. Section 9, CPC:
Civil courts have jurisdiction over all civil matters unless expressly or impliedly barred.
No provision in the Family Courts Act ousts civil courts from dealing with adoption deed validity.
Therefore, civil courts retain jurisdiction over such matters.
3. Legislative Intent:
The exclusion of adoption disputes from Family Court jurisdiction is a conscious decision by Parliament, acknowledging that such matters may require more formal procedures, not the conciliatory process designed for family courts.
📌 Conclusion: Disputes over the validity of adoption deeds must be adjudicated by civil courts, not Family Courts, unless legislative provisions change.
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