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2. Sri Indra Mani Tripathi, counsel for appellant, refuting the contentions made by Sri Rajeev Misra, submitted that the appeal has been filed u/s.19 of the Family Courts Act, 1984 (for short 'Family Courts Act") and therefore, in view of section 19(1) and (6), it would lie before the High Court and is to be heard by a Division Bench consisting of two or more judges. He thus contends that it has been rightly filed before this court and is perfectly maintainable. He further submits that even if the decree is not by the Family Court, as no such court has been established at Jaunpur, but in view of object of the said legislation and particularly sections 7, 8, 19, 20 and 21, the judgement under challenge should be treated to be that of the Family Court, otherwise, it would amount to discrimination between the litigant initiating proceedings in cases where the Family Courts have been established, vis-a-vis the appellant. He has placed reliance on the following judgements :-

14. We now proceed to examine the contention of the appellant that decree of the court below should be treated as that of the family court and consequently, appeal would lie to this court.

15. The Family Courts Act, 1984 was enacted to provide for the establishment of Family court with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. Section 3 of the Act provides for establishment of the Family Courts by the State Government after consultation with the High Court and which reads as under :-

(2) The State Government shall, after consultation with the High Court specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.

Section 7 of the Act relates to the jurisdiction of the Family Court which is reproduced below :-

7. Jurisdiction.-

(1) Subject to the other provision of this Act, a Family Court shall--

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

18. Section 20 of the Family Courts Act stipulates that the provision of Family Courts Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force. However, we do not find any inconsistency in the provisions of section 28 of the Act or section 21 of the Bengal, Agra & Assam Civil Courts Act, 1887, in so far as the aforesaid provisions relate to the decree or orders passed by the civil court of original civil jurisdiction in relation to the areas where Family Courts have not been established.