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S.SANKARASUBBAN, K.HEMA
Leby Issac – Appellant
Versus
Leena M. Ninan Alias Lincy – Respondent
Key Points: - The Family Court has jurisdiction to entertain a suit for recovery of money as compensation and damages arising in circumstances out of a marital relationship (Section 7(1) with Explanation (d)) (!) (!) (!) (!) . - The requirements to invoke Explanation (d) include: (1) a suit or proceeding; (2) relief sought as an order or injunctive relief or similar; (3) arising in circumstances surrounding a marital relationship; and proceedings can be treated as petitions for an order/injunction per Rule 3 of the Family Courts (Kerala) Rules, 1989 (!) (!) (!) (!) (!) (!) (!) . - "Circumstances arising out of a marital relationship" includes not only events during the marriage but also circumstances preceding, surrounding, and following the marriage, i.e., those closely connected to the marital relationship and its dissolution, including the marriage itself and related events, suppressions, and subsequent consequences (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
Hema, J.
Does a family court have jurisdiction to entertain a suit filed by a husband for recovery of money as compensation and damages from his wife and father-in-law? What are the requirements to invoke jurisdiction under section 7(1) read with explanation (d) of the Family Court’s Act (the Act for short)? What is meant by the expression, ‘in circumstances arising out of a marital relationship’ used in Explanation (d) to section 7(1) of the Act? Do such ‘circumstances’ include only those occurrences which transpired during marital relationship alone? These are the main questions which arise in this appeal for consideration.
2. Facts in this case briefly, are as follows: Appellant filed a suit before the Family Court against his wife, father-in-law and alleged adulterer of his wife as defendants 1 to 3. They are respondents 1 to 3 in this appeal. Relief sought for in the suit is to recover Rs.10 lakhs as compensation and damages from respondents 1 and 2 with costs. As per the averments in the suit, appellant married first respondent as per religious rites in 1997. But, after marriage, appellant came to know that his wife was leading illicit relationship with third respon
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