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 Hindu laws.

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 Patel died during the pendency of suit and therefore plaintiff No.2 Sangeeta Patel has been arrayed as respondent No.1 herein.

3. The aforesaid decree impugned passed by the Family Court has been challenged on the following factual backdrop: -

(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the civil suit before the Family Court.)

4. Late Mundrika Prasad Patel was working on the post of EPGH in Open Cast Mine, Chirmiri of South Eastern Coalfields Limited (SECL). He died in harness on 5-2-2016. It was the case of original plaintiff No.1 that her marriage was solemnized with late Mundrika Prasad Patel at Village Khairhai Purwa, District Rewa, Madhya Pradesh, 36 years prior to the date of institution of suit i.e. 2-9-2019 and after two years of marriage, her husband secured employment in SECL Chirmiri Colliery and she also went along with her husband to Chrimiri where they were blessed with daughter Sangeeta Patel – plaintiff No.2 and their names were also recorded in the service record of SECL. It is the further case of the plaintiffs that in order to maintain the ancestral property of late Mundrika Prasad Patel, original plaintiff No.1 along with her daughter came to Village Khairhai, Rewa and started living there, meanwhile, her husband has kept defendant No.2 as servant and developed relation with her and after his death, she has obtained all the dues on the basis of alleged nomination, as defendant No.2’s original name is Rajkumari and she was only a maid servant of her husband, her husband has not entered into any marriage with her and no divorce has taken place between her and her husband, therefore, it be declared that original plaintiff No.1 is the legally wedded wife of late Mundrika Prasad Patel and plaintiff No.2 is their daughter and decree be passed accordingly.

5. Defendant No.1 SECL has filed written statement stating that Smt. Shyama Devi – defendant No.2 was nominated by late Mundrika Prasad Patel for gratuity and provident fund amount and on the recommendation of local MLA, all dues have been paid to her.

6. Defendant No.2 has also filed written statement stating that she is the only legally wedded wife of late Mundrika Prasad Patel and marriage took place between them in the year 1989 and they have been blessed with three daughters & one son whose names have been entered in the service record and as such, the suit deserves to be dismissed.

7. The Family Court framed following two issues and answered the issues in affirmative which state as under: -

8. In sum and substance, the Family Court has held that original plaintiff No.1 is the legally wedded wife of late Mundrika Prasad Patel and plaintiff No.2 is the daughter born out of the wedlock of original plaintiff No.1 & late M