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R. DEVDAS, G BASAVARAJA
Narasamma W/O Late G. Narasanna Since Deceased By Her Lrs. – Appellant
Versus
Rajamma W/O Late G. Narasanna – Respondent
JUDGMENT :
R.DEVDAS, J.
The appellants, the legal representatives of Smt.Narasamma who had filed O.S.No.28/2022 before the Principal Judge, Family Court at Raichur, are before this Court aggrieved of the impugned order dated 25.07.2023 passed by the Family Court returning the plaint to the plaintiff on the ground that the suit filed before the Family Court is not maintainable in law.
2. A brief background is required to be stated as to how such a suit came to be filed before the Family Court. Smt.Narsamma appears to have approached the revenue authorities seeking mutation and entry of her name in respect of landed properties which were earlier standing in the name of her husband late Sri.G.Narasanna. The revenue authorities entertained the claim of Smt.Narsamma and set aside the mutation dated 05.02.2001 which was made in favour of the respondent herein. Feeling aggrieved the respondent challenged the order of the revenue authorities before the Deputy Commissioner. The Deputy Commissioner allowed the revision and set aside the order passed by the revenue authorities thereby ensuring that the revenue entries made in favour of the respondent continue. The matter came before this Court a
Family Courts have exclusive jurisdiction over marital status declarations and property disputes related to marriage, as established by the Family Courts Act, 1984.
A Family Court has exclusive jurisdiction to declare marital status under the Family Courts Act, rendering such suits filed in civil courts non-maintainable.
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
Family Court lacks jurisdiction over third-party claims regarding marital status; remedies must be sought in civil courts.
Disputes regarding marital status and property rights of deceased spouses must be adjudicated in Family Court, as per Family Courts Act, ousting Civil Court jurisdiction.
(1)Jurisdiction of Family Court – Suit seeking declaration of marital status whether it affirms or denies existence of a valid marriage squarely falls within ambit of Family Court’s jurisdiction.(2) ....
The Family Courts possess exclusive jurisdiction to declare matrimonial status, rendering suits maintainable even post the husband's death, affirming marriage validity standards under applicable Hind....
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