Suit for declaration of a matrimonial status comes under the jurisdiction of family court or not is the issue. One of the spouses filed a civil suit to declare himself the husband. At the initial hearing objection filed by the opponent against the maintainability. The advise pertaining to sustainability of suit and jurisdiction of family court in respect of subject matter i.e. declaration of marital status.
I filed a suit in the family court for the declaration of matrimonial status. The opposite party has filed an objection towards the maintainability of the case. She sought rejection of suit on the basis of lack of jurisdiction. My wife married to me as per the Hindu rites and rituals. But she refused any such ceremony and planning to marry again. Her affair with some other person before our marriage was never known to us. Now the fact has surfaced, and dispute arose. I moved a civil suit but stuck in the puzzle of jurisdiction. Please help!
Asked from: Uttar Pradesh
The family has power to decide not only the issue of matrimonial status but also the validity of marriage. In Balram Yadav versus Fulamaniya Yadav AIR 2016 SC 2162, the hon’ble Supreme Court has held 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.
Before advent of Family Courts Act, the District Court and Magistrate have jurisdiction to decide various matter related to matrimonial disputes. There was no uniformity and cognisance was taken by more than one courts. Litigants were confused to find appropriate court because some disputes have mixed cause of civil and criminal nature.
The Family Courts Act 1984 brought uniformity in matrimonial cases. Section 7 deals with the jurisdiction of the Family Court and section 8, on the other hand, excludes the jurisdiction of other courts if the cause of action is within the jurisdiction of the family court.
According to section 7, the family court has exclusive jurisdiction in respect of these matters:
- Decree of nullity of marriage.
- Restitution of conjugal rights.
- Judicial separation.
- Dissolution of marriage or Divorce.
- Declaration as to the validity of the marriage.
- Declaration of the matrimonial status of a person.
- The dispute regarding property between the parties to a marriage.
- Pass an injunction order in respect of marital relationship.
- Declaration as to the legitimacy of a person.
- Suit for maintenance under section 24/25 Hindu marriage act and under section 125 of the code of criminal procedure.
- Admit a suit about guardianship of the child.
- Suit for custody of the child.
It is thus evident that family court has jurisdicton to decide the suit for declaration of a matrimonial status. In your case, you can file a suit before the family court for the declaration of marital status. If the family court is constituted in your district, you can present such suit directly before the family court because the family court has exclusive jurisdiction. In the absence of family court, you can file a civil lawsuit before the court of District judge.
