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Synopsis

In a recent ruling, the Chhattisgarh High Court affirmed that determinations regarding the matrimonial status of individuals fall solely within the purview of the Family Court.

The court, presided over by Justice Narendra Kumar Vyas, made the observation that, “the object of the establishment of the Family Courts Act, it is quite vivid, that in case there is dispute on the matrimonial status of any person a declaration in that regard has to be sought only before the Family Court.”

The petition challenged an order issued by the Family Court, Korba, dated December 15, 2023,   involving a dispute regarding the legitimacy of Plaintiff No. 2, allegedly the daughter of Plaintiff No. 1 (wife) and the defendant (husband). The plaintiffs contended that the wife engaged in a physical relationship with the husband, leading to their daughter's birth. However, the husband  refuted this claim, denying any paternal responsibility. Additionally, the husband contested the maintainability of the civil suit before the Family Court, asserting that it was outside its jurisdiction.

The Family Court initially rejected the husband's application under Order 7 Rule 11 CPC, affirming its jurisdiction over the matter. Subsequently, he filed another application under Order 7 Rule 10 CPC, arguing that the suit should be filed before a court with appropriate jurisdiction, citing a discrepancy in the mention of Section 34 of the Specific Performance Act instead of the Family Court Act.

In response, the plaintiffs maintained that the issue falls within the ambit of the Family Court's jurisdiction, as the suit primarily concerned the declaration of Plaintiff No. 2's illegitimacy in relation to Plaintiff No.1 and the defendant.

After careful consideration, the Family Court upheld its initial decision, deeming the suit maintainable within its jurisdiction. This ruling was challenged before the High Court, which examined the legal framework governing Family Court jurisdiction.

The key question addressed by the High Court was “whether the Family Court has jurisdiction to declare the illegitimacy of a child who was born from relationship of plaintiff No.1 and the defendant.”

The court's analysis delved into the legislative intent behind the establishment of Family Courts, as outlined in the Family Court Act, 1984.

The court noted, “The Family Court Act has been enacted by the Parliament with a view to promote conciliation in and secure settlement of disputes relating to marriage and family affairs and for matter connected therewith.”

The court highlighted that Section 7 of the Act delineates the jurisdiction of Family Courts, encompassing various suits and proceedings related to matrimonial issues. Section 8 emphasises the exclusion of jurisdiction of other courts in areas where Family Courts are established. It mandates that suits or proceedings falling within the purview of Family Court jurisdiction shall not be entertained by district courts, subordinate civil courts, or magistrates. Additionally, Section 20 of the Act asserts the overriding effect of its provisions over any inconsistent laws.

In light of these provisions and the overarching objective of the Family Court Act, the High Court reaffirmed the exclusive jurisdiction of Family Courts in matters concerning matrimonial status declarations. The court emphasised that any dispute regarding matrimonial status must be adjudicated solely by the Family Court, irrespective of whether the relief sought is affirmative or negative.

The court said, “In the present facts of the case, the plaintiff is claiming illegitimacy of a child whether it is affirmative relief or negative relief what is important, is the declaration regarding the matrimonial status.” Consequently, deeming the Family Court's decision lawful in rejecting the application under Order 7 Rule 10 CPC.

The court ultimately ruled that the plaintiff had sought a declaration regarding the illegitimacy of a child, a matter squarely falling within the jurisdiction of the Family Court as per Section 7 of the Family Court Act.

As a result, the court dismissed the writ petition, thereby affirming the Family Court's authority to adjudicate the matter.

 

Cause Title: Shyamal Mallick v Mamta Das [WP(227)31 of 2024]