1. MR.JUSTICE A.L.DAVE J. Admitted. Learned advocate Ms. Trusha Patel waives service of notice of admission on behalf of the respondent.

2. THE appellant was the plaintiff before the Family Court, Surat, in Family Suit No.198/2010 filed under Sections 7 and 8 of the Family Courts Act with other provisions, and had sought the reliefs, which can be translated in English language as under:-

declare that Deed of Divorce executed between the parties to the Suit on 19.2.2009 and registered on 5.3.2009 with the Office of Sub-Registrar, Ahmedabad at serial No.2176 in Book No.4, is as per the prevalent custom of the community of the parties and is legal and valid, and declare further that by virtue of the said Deed, the parties have ceased to be the husband and wife.

The respondent herein (original defendant) filed reply affidavit at Exh.10 supporting the claim.

3. THE Family Court, Surat, however, observed that there is no provision in the Hindu Marriage Act for giving such declaration in respect of a deed of divorce. When it was contended that the Suit is under Section 7(1)(b) of the Family Courts Act, 1984, the Court observed thus:-

16. Plaintiff's advocate has argued that as per Sec.7(1)(b) of the Family Courts Act, 1984, the party can file a suit for declaration about the matrimonial status of any person. But, considering the plaint, nothing appears that plaintiff has claimed the relief of declaration about her matrimonial status. Nothing appears from the plaint that plaintiff has claimed the relief of declaration that relation of husband and wife between the parties is not existent. Plaintiff's main relief is for the declaration that the Deed dated 5.03.2009, executed as per the custom prevalent in the community of the parties, is legal and valid. So, the main relief is not in the nature of declaration about the matrimonial status of the parties.

Ultimately, the Suit came to be dismissed. Hence, this appeal.

4. LEARNED advocates for the parties have submitted before us that the parties to the litigation are Kadva Patidar and customary divorce is prevalent in the community. The Family Court has not examined this aspect by holding that it has no jurisdiction to grant declaration in respect of marital status of parties, either under the Hindu Marriage Act or under the Family Courts Act. This is a clear error on the part of the Family Court, Surat, which may result in wasting lives of two young individuals, if the appeal is not taken up for final hearing. They requested that the appeal may be taken up for final hearing, as only a narrow issue is involved. In our view, the request is justified and, therefore, we take up this appeal for final hearing at the admission stage itself.

Upon going through the plaint, we find that the Suit was filed under Sections 7 and 8 of the Family Courts Act, Section 3 of the Hindu Marriage Act and Sections 31, 32, 34 and 35 of the Specific Reliefs Act, seeking a declaration that the divorce by a registered customary divorce-deed was legal and valid and further a declaration that the parties have ceased to be the husband and wife. Meaning thereby, a declaration on marital status of the parties was sought.

5. SECTION 7 of the Family Courts Act, 1984 provides that subject to the provisions of the Act, Family Court shall have and exercise all the jurisdiction exercisable by any district Court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation. 7.1 The Explanation states that the suits and proceedings referred to in the said sub-section are suits and proceedings of the nature, which would include a suit or proceeding for a declaration as to the validity of a marriage or as to matrimonial status of any person.

6. IN our view, if the reliefs sought in the suit are seen, they squarely fall within the above description viz., declaration as to the validity of a marriage when the party states that customary