Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

Post By 24law
February 23, 2025

Pranav B Prem

The Karnataka High Court has held that any suit concerning the declaration of matrimonial status of a person falls within the ambit of Section 7 of the Family Courts Act, and therefore, only a Family Court has the jurisdiction to adjudicate such matters. A Division Bench comprising Justice S. Sunil Dutt Yadav and Justice Rajesh Rai K pronounced this ruling while allowing an appeal challenging the Family Court’s decision to return the plaint for lack of jurisdiction.

Case Background

The appeal was filed by xxxxxxx, who sought a declaration that the respondents were not his wife and children. The Family Court had returned his plaint, observing that it lacked jurisdiction over the matter. The appellant contended that Defendant No.1 had been married to one MMMMMM, and Defendants No.2 and No.3 were born from that wedlock. Following the dissolution of that marriage, Defendant No.1 claimed to have married the appellant on 10.10.1987 and asserted that Defendants No.2 and No.3 were his children. The Family Court, relying on Bhuvaneshwari vs. Revappa @ Ranisiddaramappa Kolli (since deceased) by LRs, 2012 (4) KCCR 2690, had observed that seeking a negative declaration was impermissible and returned the plaint.

Findings of the High Court

The High Court, upon reviewing the petition, emphasized that the suit primarily dealt with the legal matrimonial status of the plaintiff and Defendant No.1. It noted: "A perusal of the said prayer makes it clear that the suit relates to the legal matrimonial status of the plaintiff and defendant No.1. Any findings regarding said matrimonial status would also have a bearing insofar as the status of defendant Nos.2 and 3, which is a consequential finding."

Interpreting Section 7 of the Family Courts Act, the court stated: "It is clear on a reading of explanation (b) to Section 7 of the Family Courts Act that a suit relating to matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act."

The court further relied on the Supreme Court’s judgment in Balram Yadav vs. Fulmaniya Yadav (Civil Appeal No.4500/2016), which held that any dispute regarding the matrimonial status of a person must be adjudicated by the Family Court, irrespective of whether the relief sought is affirmative or negative: "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."

Conclusion and Judgment

The High Court set aside the Family Court’s order, holding that the suit falls within the jurisdiction of the Family Court and must be adjudicated accordingly. It ruled: "Noticing that the suit relates to matrimonial status of defendant No.1 with the plaintiff, the finding of the Family Court is erroneous and is liable to be set aside." Accordingly, the appeal was allowed, and the Family Court was directed to take the plaint on record and resume proceedings. The parties were directed to appear before the Family Court without further notice on 12.02.2025.