Family Court empowered to give declaration – no matter whether relief is affirmative or negative #indianlaws

Supreme Court observed that 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 as the Family Courts Act, 1984, has an overriding effect on other laws.

The appellant had instituted a Civil Suit before the Family Court seeking a declaration to the effect that Respondent was not his legally married wife. The suit was decreed.  Respondent moved before the High Court allowed the appeal by holding that Family Court lacked jurisdiction to deal with such matter. According to the High Court, a negative declaration was outside the jurisdiction of the Family Court.

In the appeal before Supreme Court, it was observed that 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 as the Family Courts Act, 1984, has an overriding effect on other laws.

The appeal was accordingly allowed and the impugned judgment of the High Court was set aside and the matter was remitted back to the High Court for disposal afresh.

Balram Yadav vs. Fulmaniya Yadav

SC, 27.04.2016

Civil Appeal No. 4500 of 2016