Family Court Cannot Entertain Paternity Claim From Extra-Marital Affair : Supreme Court

The Supreme Court observed that the Family Court lacks jurisdiction to entertain a plea for paternity claim from the extra-marital affairs. The Court observed that since the Family Court's jurisdiction is limited to adjudicating matrimonial causes. Hence, a claim to determine paternity arising out of an extra-marital relationship has to be filed before the regular Civil Court.The bench comprising Justices Surya Kant and Ujjal Bhuyan was hearing the case where the Respondent being a legitimate child of his mother and RK, filed a plea before the Family Court seeking a test of paternity of the Appellant contending that the Appellant was his biological father with whom his mother had an extra-marital affair. The marital relationship between the Respondent's mother and RK was not disputed, and both had access to each other when the Respondent was begotten. Despite a concurrent finding holding that the Respondent was the legitimate child of RK, the family court revived the Section 125 CrPC maintenance proceedings against the Appellant. Aggrieved by the High Court's approval of the maintenance proceedings prompted the Appellant to appeal to the Supreme Court. Before the Supreme Court, the Appellant contended that since the marriage between the Respondent's mother and RK was not disputed, the paternity claim cannot lie against him because the paternity lies with RK and his wife. Further, he contended that the plea for paternity is not maintainable before the family court because the family court lacks jurisdiction to decide upon the plea for paternity without a marital relationship between the Appellant and Respondent's mother. Agreeing with the Appellant's arguments, Justice Kant's judgment held that the High Court erred in validating the Respondent's paternity claim against the Appellant. The Court emphasized that since no marital relationship existed between the Appellant and the Respondent's mother, the Family Court could not entertain the paternity claim. It clarified that the Family Court's jurisdiction is limited to disputes arising from marital relationships and does not extend to claims based on alleged extra-marital affairs. “The jurisdiction conferred upon the Family Court is for the settlement of issues arising out of matrimonial causes. A matrimonial cause essentially relates to the rights of marriage between a husband and wife. In the instant case, there is no claim regarding the marital relationship between the Respondent's mother and Mr. R, and instead, it pertains to an alleged extra-marital relationship between the Appellant and the Respondent's mother. This matter, therefore, cannot be construed to fall within the exclusive jurisdiction of the Family Court and was thus, rightly entertained by the Munsiff Court and subsequently, the Sub-Judge.”, the court observed. Reference was drawn to the case of Renubala Moharana v. Mina Mohanty (2004), where it was held that a Family Court cannot entertain a paternity claim without a dispute regarding the marital relationship of the child's mother. Also, in the recent case of Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2024), it was held that paternity claims cannot override the presumption of legitimacy unless non-access is proven.Also From Judgment : Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme CourtCase Title: Ivan Rathinam versus Milan Joseph Citation : 2025 LiveLaw (SC) 118Click here to read/download the judgment

Family Court Cannot Entertain Paternity Claim From Extra-Marital Affair : Supreme Court

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Yash Mittal

Family Court Cannot Entertain Paternity Claim From Extra-Marital Affair : Supreme Court

Yash Mittal

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Yash Mittal

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