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8. Learned Counsel for the appellants in both the cases has urged that since the Family Court lacks inherent jurisdiction, the judgments challenged in Appeals should be treated to be nullity and should be set aside on the said ground. For testing the reasoning of this Court in A.S. Siddiqui's case (supra) some provisions of the Family Courts Act need be noticed.

The statement of objects and reason of Family Courts Act are necessary to appreciate the scope of the jurisdiction of the Family Courts. The same are quoted herein :

Some other provisions of Family Courts Act, 1984 need be noticed :

Section 3 provides for establishment of Family Court. Section 3(1) provides that the State Government in consultation with the High Court shall establish for every area in the state comprising the city or town whose population exceeds one million. The Family Court Act also provides that the State Government may establish Family Courts for such other areas as the State Government deem it necessary. Sub-section (2) of Section 3 provides that the State Government after consultation with the High Court, specify, by notification, the local limits of the area. Section 4 provides that the State Government shall appoint one or more persons to be Judge or Judges of the Family Court with the concurrence of the High Court. Section 4(3) provides qualification for appointment of the Judge of the Family Court wherein it is stated that a person should have atleast seven years' experience of holding a judicial office or should have an experience of seven years as an Advocate in the High Court. Section 4(4) provides that preference shall be given to women in appointment of Family Court Judge.

13. Section 20 of the Family Courts Act gives an over-riding effect to the provisions of the Act over all other enactments. The Family Courts Act has in its comprehension all community including the Muslims. All disputes between the Muslim community within the purview of the Family Courts Act are settled by the Family Courts. It cannot be doubted for a minute that the dispute contemplated by Section 3 of the Act is within the purview and four corners of the Family Courts Act, as the dispute under Section 3 of the Act also relates to matrimonial relations between the parties and as a consequence of this matrimonial relations having been broken, entitlement of divorced wife after breaking of the matrimonial relations with her husband begins.

14. The first question which requires consideration is whether an application contemplated under Section 3 of the Act can be termed as proceedings in terms of explanations provided to Section 7 of the Family Courts Act. The second question arises for consideration is as to whether an application to be moved under Section 3 of the Family Courts Act before a Magistrate can be brought within the purview of Section 7(1)(a) of the Family Courts Act i.e. jurisdiction exercisable by any District Court or by 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 explanations.