Answer By law4u team
Family courts in India play a crucial role in resolving matrimonial disputes, including domestic violence and maintenance claims. While the Protection of Women from Domestic Violence Act (PWDVA) provides civil remedies for abuse, family courts have the authority to hear maintenance petitions under personal laws and the Criminal Procedure Code. Coordination between different forums helps survivors obtain comprehensive legal protection and financial support.
Jurisdiction of Family Courts in DV and Maintenance
Domestic Violence Cases (PWDVA, 2005)
Protection officers and magistrates primarily handle DV complaints and protection orders under PWDVA.
However, family courts can also be involved, especially where DV overlaps with matrimonial disputes.
Maintenance Claims
Family courts have explicit jurisdiction over maintenance claims filed under various personal laws (Hindu, Muslim, Christian) and Section 125 of the Criminal Procedure Code (CrPC).
Maintenance includes financial support for the survivor and dependent children.
Concurrent Jurisdiction
Survivors may file both DV complaints and maintenance petitions simultaneously—DV cases in magistrate courts or protection officer’s office, and maintenance petitions in family courts.
Some family courts also entertain DV-related matters, especially where linked to matrimonial issues.
Reliefs Granted by Family Courts
- Monetary maintenance and alimony.
- Custody and visitation rights of children.
- Sometimes interim protection orders related to abuse during matrimonial proceedings.
Coordination Between Courts
While family courts focus on financial and custody aspects, magistrate courts deal with protection orders and civil remedies under PWDVA.
Courts may cross-refer or coordinate to ensure comprehensive protection.
Practical Tips
Survivors should file separate applications for DV protection and maintenance but can inform courts about related proceedings.
Legal aid services and Protection Officers assist in navigating both forums.
Evidence from DV cases may support maintenance claims.
Interim reliefs can be obtained quickly for immediate financial support.
Example
A woman files a domestic violence complaint against her husband and also seeks maintenance for herself and her children.
Steps Taken:
She approaches the magistrate court for a protection order under the PWDVA.
Simultaneously, she files a maintenance petition in the family court under Section 125 CrPC.
The magistrate issues a protection order restricting the husband’s abusive behavior.
The family court hears her maintenance claim and awards monthly financial support.
Both courts’ orders ensure her safety and financial security.
