Family Court Retains Jurisdiction To Decide Property & 'Stridhan' Claims Even After Divorce Decree: HP High Court
The Himachal Pradesh High Court held that a Family Court does not lose jurisdiction to decide disputes relating to stridhan, gifts, and other matrimonial property merely because a decree of divorce has already been passed. Setting aside the Family Court's dismissal of the wife's application under Section 27 of the Hindu Marriage Act, the High Court remarked that property disputes between...
The Himachal Pradesh High Court held that a Family Court does not lose jurisdiction to decide disputes relating to stridhan, gifts, and other matrimonial property merely because a decree of divorce has already been passed.
Setting aside the Family Court's dismissal of the wife's application under Section 27 of the Hindu Marriage Act, the High Court remarked that property disputes between spouses must be adjudicated by the Family Court to avoid multiplicity of litigation.
Further the High Court stated that the Family Courts Act has an overriding effect over other laws, including the Hindu Marriage Act. So, jurisdiction vested in the Family Court cannot be curtailed by a restrictive reading of Section 27 of the Hindu Marriage Act.
The Court reiterated that Section 27 uses the word “may”, making it discretionary, and does not bar the Family Court from entertaining an independent application relating to matrimonial property even after the divorce decree.
Division Bench of Justice Vivek Singh Thakur and Justice Romesh Verma remarked that: “… it is apparent that irrespective of any provision in any other law including the Hindu Marriage Act, the Family Court has a jurisdiction to adjudicate a suit and proceedings related to property dispute related to property of the parties or of either of them…”
The appellant-wife had obtained an ex parte decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act. During the pendency of the divorce proceedings, she filed an application under Section 27 of the Act seeking return of istridhan, gifts, and other articles.
However, her application was dismissed by the Family Court on the ground that that once a decree of divorce had been passed without property directions, it lacked jurisdiction to decide the property dispute.
The High Court reiterated that Explanation (c) of Section 7(i) of Family Court Act covers disputes that relate to property between the spouses.
The Court remarked that asking parties to initiate separate civil proceedings for property disputes after divorce defeats the purpose of the Family Courts Act.
Thus, the High Court set aside the order and remitted the matter to the Family Court to decide the issues involved in the application in accordance with law.
Case Name: Astha Thakur v/s Dhananjay Kanwar
Case No.: FAO(FC) No.29 of 2022
Date of Decision: 31.12.2025
For the appellant: Mr. Vikrant Thakur, Advocate.
For the Respondent: Mr. Bhupender Gupta, Sr. Advocate with Mr. Pranjal Munjal, Advocate