Introduction: Orissa HC On Marital Status Disputes
The Orissa High Court ruled that marital status disputes fall exclusively under the jurisdiction of the Family Court. This is mentioned as per the Family Courts Act, 1984. It nullified the orders of the Civil Judge (Senior Division) and the District Judge. Hence, emphasizing that the civil courts lacked jurisdiction in the matter.
Case Background
Srimukha Naik passed away on July 25, 2021, leaving behind the respondent and her children. The respondent filed a suit claiming that the deceased was never married to the appellant. They sought a declaration that she was not the legally wedded wife. Hence, making her ineligible for a family pension.
The appellant countered these claims, asserting that she was the deceased’s first wife, while the respondent was not legally married to him but had an illicit relationship. She pointed out that the deceased had declared her as the nominee for pension benefits, which she was already receiving.
The Civil Judge (Senior Division), Deogarh, dismissed the respondent’s suit. However, the District Judge, Deogarh, overturned this decision, declaring the respondent as the legally wedded wife. Aggrieved, the appellant filed a second appeal.
Court’s Ruling
The High Court admitted the second appeal and framed the key question: whether the lower courts had the jurisdiction to decide the suit and the appeal, given that such matters fall exclusively under the Family Court’s 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, which became functional on December 23, 2021. Since the suit was filed on November 29, 2021, before the Family Court became operational, the High Court assessed whether the dispute still fell under its exclusive jurisdiction.
Referring to Explanation (b) of Section 7(1) of the Act, the Court affirmed that suits concerning the validity of marriage and matrimonial status are exclusively within the Family Court’s jurisdiction. Section 8 of the Act further barred district and subordinate courts from handling such matters. The Court also cited the Supreme Court’s ruling in Balaram Yadav v. Fulmaniya Yadav (2016), reinforcing that such disputes must be decided by a Family Court.
Final Verdict
The High Court held that the Civil Judge (Senior Division) had no jurisdiction to adjudicate the matter after the establishment of the Family Court. As a result, the judgments of both lower courts were declared null and void. The trial court was directed to transfer the case records to the Family Court, Deogarh, for fresh adjudication.
