Marital status dispute comes exclusively within Family Courts' jurisdiction: Orissa HC

The Orissa High Court ruled that disputes concerning marital status fall solely within the jurisdiction of the Family Court, as per the Family Courts Act, 1984. Pronouncing this verdict, the court set aside the judgments of both the Civil Judge (Senior Division) and the District Judge, emphasising that civil courts lack jurisdiction over such matters.

Background of the Case

The case revolved around a legal dispute following the death of Srimukha Naik on July 25, 2021. The deceased’s alleged second wife (the respondent) filed a suit seeking a declaration that she was his only legal spouse, rendering the appellant, Naik’s first wife, ineligible for pension benefits.

The appellant countered, asserting her legal marital status and alleging the respondent had an ‘illicit relationship’ with Naik.

The Civil Judge (Senior Division), Deogarh, initially dismissed the respondent’s claim. However, the District Judge overturned this decision, declaring the respondent as Naik’s legally wedded wife. The appellant then approached the High Court, challenging the lower court’s jurisdiction.

ALSO READ: Orissa HC imposes Rs 1L fine on teacher for corporal punishments, quashes criminal case

High Court’s Decision

The High Court admitted the appeal and framed the key question of whether the lower courts had jurisdiction to decide the suit, given that such matters fall exclusively under Family Court authority under Section 7 of the Family Courts Act.

The court examined a government notification from July 23, 2018, establishing a Family Court in Deogarh. Although the suit was filed on November 29, 2021, before the Family Court became operational on December 23, 2021, the High Court affirmed that jurisdiction remained with the Family Court.

Citing Explanation (b) of Section 7(1), the court reiterated that cases concerning the validity of marriage and matrimonial status must be adjudicated solely by the Family Court. Additionally, Section 8 of the Act bars district and subordinate courts from handling such matters.

The court also referred to the Supreme Court's ruling in Balaram Yadav v. Fulmaniya Yadav (2016), which upheld that any proceeding concerning a declaration of marriage validity falls exclusively within the Family Court’s domain.

ALSO READ: Well-qualified husband quitting job to avoid maintenance payment to wife should be discouraged: Orissa HC

Final Verdict

The High Court ruled that the Civil Judge (Senior Division) had no jurisdiction to entertain the matter once the Family Court was established. Consequently, the judgments of both lower courts were declared null and void. The trial court was directed to transfer all case records to the Family Court, Deogarh, for fresh adjudication.

The High Court further instructed that the Family Court must not be influenced by prior judgments and should expedite proceedings, aiming for resolution within eight months of receiving the case records.