Declaration as to validity of marriage and matrimonial status of a person is within exclusive Jurisdiction of Family court : SC

Declaration as to validity of marriage and matrimonial status of a person is within exclusive Jurisdiction of Family court : SC

In case, there is a dispute on the matrimonial status of any person, a declaration in that regard has to be sought only before the Family Court. It makes no difference as to whether it is an affirmative relief or a negative relief, the Bench held.

A Suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, the Supreme Court has held in BALRAM YADAV VS. FULMANIYA YADAV.

Division Bench comprising of Justices Kurian Joseph and R.F. Nariman set aside Chattisgarh High Court judgment which had held that a negative declaration with respect to matrimonial status was outside the jurisdiction of the Family Court. The

Referring to relevant provisions of Family Courts Act, Hindu Marriage Act and the Code of Civil Procedure, the Bench held “Under Section 7(1) Explanation (b), a Suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8, all those jurisdictions covered under Section 7 are excluded from the purview of the jurisdiction of the Civil Courts. In case, there is a dispute on the matrimonial status of any person, a declaration in that regard has to be sought only before the Family Court. It makes no difference as to whether it is an affirmative relief or a negative relief. What is important is the declaration regarding the matrimonial status. Section 20 also endorses the view which we have taken, since the Family Courts Act, 1984, has an overriding effect on other laws.”

Read the order here.