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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MITALI THAKURIA
Javed Pervez Choudhury, S/o. Atique Uddin Choudhury – Appellant
Versus
Begum Najifa Yasmin Choudhury, D/o. Badrul Huda Choudhury – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. M.J. Quadir, learned counsel for the appellant. Also heard Mr. N. Haque, learned counsel for the sole respondent.
2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 25.06.2025 passed by the Learned Civil Judge (Sr. Div.), Hailakandi, in T.A. No. 09/2025, whereby the judgment & decree passed by the learned Civil Judge (Jr. Div.), Hailakandi in Matrimonial (D) Suit No. 18/2024 was set aside.
3. After hearing the appellant, this Court had framed the following substantial question of law:-
“Whether the learned lower appellate Court has rightly set aside the Judgment and Decree passed by the learned Civil Judge (Junior Division), Hailakandi, in Matrimonial (D) Suit No. 18/2024, on the ground of jurisdiction in the absence of jurisdictional Family Court?”
4. It is submitted by Mr. M.J. Quadir, the learned counsel for the appellant that the present appellant as a plaintiff had filed a Matrimonial (D) Suit before the learned Civil Judge (Jr. Div.), Hailakandi which was registered as the Matrimonial (D) Suit No. 18/2024, whereby it was prayed for a declaration of dissolution of marriage dated
Civil Judges cannot issue matrimonial decrees without jurisdiction; disputes must be addressed in Family Courts or District Courts when Family Courts are absent.
Jurisdiction cannot be denied under the Hindu Marriage Act due to prior marriage location in a now foreign territory.
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 ....
(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....
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.
The jurisdiction over matrimonial disputes involving Hindus married in India remains under Indian law, regardless of their foreign citizenship, thus invalidating foreign divorce decrees not adhering ....
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
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