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MV MURALIDARAN, A. GUNESHWAR SHARMA
K. Satrabati Devi, d/o. , (L) Konsam Jadumani Singh – Appellant
Versus
Konjengbam Gunabanta Singh, s/o (L) Konjengbam Tombirei Singh – Respondent
JUDGMENT AND ORDER :
M.V. Muralidaran, ACJ.
Heard Mr.N.Mahendra, learned counsel for the appellant. Despite service of notice and the names being printed in the cause list, none appeared for the respondents and they were called and set ex parte.
2. This appeal has been filed by the appellant against the decree dated 10.2.2023 and judgment and order dated 06.2.2023 passed in Mat. (Dec) Suit No.40 of 2022 on the file of the Family Court, Manipur.
3. Mat. (Dec) Suit No.40 of 2022 has been filed by the appellant to declare that she is the single unmarried mother. The Family Court framed a preliminary issue as to whether it has jurisdiction to entertain the suit or not? Upon hearing the learned counsel for the appellant, the Family Court has given a finding that the Family Court has no jurisdiction to entertain the suit of the appellant, as there is no marital relationship between the appellant and the first respondent. Aggrieved by the said judgment and order, the appellant has filed the present appeal.
4. Assailing the impugned judgment and decree, the learned counsel for the appellant submitted that the trial Court ignored the provisions of Section 7 (1)(b) read with Section 7 (1)(3), eit
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.
A Family Court has exclusive jurisdiction to declare marital status under the Family Courts Act, rendering such suits filed in civil courts non-maintainable.
(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 ....
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.
Relief not sought in pleadings cannot be granted; the Family Court's dismissal of the suit was excessive and unjustified based on the evidence presented.
Family Court lacks jurisdiction over third-party claims regarding marital status; remedies must be sought in civil courts.
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