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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Varsha Sharma @ Suman – Appellant
Versus
Ajay Sharma – Respondent
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal under Section 96 C.P.C. has been filed by the plaintiff-appellant Smt. Varsha Sharma @ Suman against the judgment and decree dated 17.09.2022 passed by the court of Additional Civil Judge (S.D.) Gautam Budh Nagar in O.S. No.668 of 2015, Smt. Varsha Sharma @ Suman Vs. Ajay Sharma & others, whereby the plaintiff's suit for declaration that she is the second legal wife of late Mukesh Sharma, has been dismissed by the trial court on the ground that the suit is not maintainable because the plaintiff is seeking declaration of her matrimonial status, which can only be granted by a Family court, constituted under the FAMILY COURTS ACT , 1984.
2. Brief factual matrix is that the plaintiff-appellant filed a suit with the averments that her husband Mukesh Sharma was earlier married to a woman named Rekha, and from that wedlock, the defendants were born. Thereafter, Smt. Rekha died, after which the plaintiff-appellant and Mukesh Sharma willingly solemnized marriage, according to Hindu rites and rituals on 12.03.2011 and thereafter, lived together. No child was born from this wedlock. Unfortunately, her husband Mukesh Sharma expired on 21.03.2014,
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 Courts have exclusive jurisdiction over marital status declarations and property disputes related to marriage, as established by the Family Courts Act, 1984.
The Family Court has exclusive jurisdiction to entertain suits for declaration regarding matrimonial status, including that of a single unmarried mother, under the Family Courts Act, 1984.
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....
(1)Jurisdiction of Family Court – Suit seeking declaration of marital status whether it affirms or denies existence of a valid marriage squarely falls within ambit of Family Court’s jurisdiction.(2) ....
Family Courts possess exclusive jurisdiction over matrimonial status claims, superseding ordinary civil courts as per Section 7(1) of the Family Courts Act, 1984.
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
Exclusion of jurisdiction of Civil Court is not to be readily inferred – Mere marital relationship between parties is not a determinative factor to oust jurisdiction of Civil Court.
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