IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Shyama Devi, W/o. Late Shri Mundrika Prasad Patel – Appellant
Versus
Sangeeta Patel, D/o. Late Shri Mundrika Prasad Patel – Respondent
| Table of Content |
|---|
| 1. challenge to family court's decree (Para 1 , 3 , 8) |
| 2. marriage solemnization details and implications (Para 4 , 21 , 24) |
| 3. arguments on suit maintainability (Para 9 , 10) |
| 4. jurisdiction of family courts on matrimonial status (Para 17 , 18) |
| 5. witness testimonies supporting marriage claim (Para 22 , 23) |
| 6. dismissal of appeal and affirming family court decree (Para 26 , 27) |
JUDGMENT :
Sanjay K. Agrawal, J.
1. Feeling aggrieved and dissatisfied with judgment & decree dated 14-10-2022 passed by the Judge, Family Court, Manendragarh, District Manendragarh-Chirmiri-Bharatpur in Civil Suit No.94A/2019, the appellants herein namely, Shyama Devi – original defendant No.2 i.e. appellant No.1 herein and appellants No.2 to 5 herein who were added with the leave of the court, have preferred this appeal under Section 19 of the Family Courts Act, 1984, questioning the said judgment & decree by which the Family Court has decreed the suit filed by the original plaintiffs declaring that the original plaintiff No.1 was the legally wedded wife of Late Shri Mundrika Prasad Patel and plaintiff No.2 Sangeeta Patel is the daughter out of their wedlock.
2. Original plaintiff No.1 Shyama Devi

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....
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 7 of the Family Courts Act, Order 1 Rule 9 and Order 2 Rule 2 of the Code, and the ....
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
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 main legal point established in the judgment is the determination of the status of the parties and their entitlement to shares in the ancestral property based on the evidence presented and the ap....
(1) No one should be vexed twice for same cause of action. Cause of action must be same for application of Order II Rule 2 of CPC.(2) Concept of Order II Rule 2 of CPC is alien to Family Court procee....
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