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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
PARTHIVJYOTI SAIKIA
Rangila Hazarika, W/O Late Bibhuti Bhusan Das – Appellant
Versus
Lani Das, C/O S.N. Deka – Respondent
JUDGMENT :
Parthivjyoti Saikia, J.
Heard Mr. A.K. Gupta, learned counsel appearing for the appellant as well as Mr. H.K. Sarma, learned counsel representing the respondent.
2. This is a Regular Second Appeal under Section 100 of the CIVIL PROCEDURE CODE (CPC) whereby the judgment dated 22.05.2013 passed by the court of learned Civil Judge No.2, Kamrup in Title Appeal No.92/2012 affirming the judgment and decree dated 27.06.2012 passed by the learned Munsiff No.4, Kamrup in T.S. No.103/2008, is under challenge.
3. On 30th January, 1986, the respondent married late Bibhuti Bhusan Das according to Hindu rituals. Bibhuti Bhusan Das was an employee of the Postal Department. Because of the service conditions, he had to work at different places. On 08.10.2006, Bibhuti Bhusan Das died.
4. The respondent then filed applications before the Postal Department for getting the service benefits of her deceased husband. At that time, she came to know that the present appellant claiming to be the wife of her deceased husband, filed an application being O.A. No.22/2007 before the Central Administrative Tribunal, Guwahati Bench.
5. On the basis of the aforesaid facts, the respondent filed the suit before
Family Courts possess exclusive jurisdiction over matrimonial status claims, superseding ordinary civil courts as per Section 7(1) of the Family Courts Act, 1984.
Civil courts retain jurisdiction for suits seeking declarations of marital status under Section 34 of the Specific Relief Act when a Family Court is absent, as provided by the Family Courts Act.
A Family Court has exclusive jurisdiction to declare marital status under the Family Courts Act, rendering such suits filed in civil courts non-maintainable.
Family Court lacks jurisdiction over third-party claims regarding marital status; remedies must be sought in civil courts.
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
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....
Family Courts have exclusive jurisdiction over marital status declarations and property disputes related to marriage, as established by the Family Courts Act, 1984.
(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....
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 ....
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