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.

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), either or both, of the FAMILY COURTS ACT , 1984. According to the learned counsel, the Family Court has jurisdiction to entertain the suit filed by the appellant. The learned counsel would submit that for a suit or proceeding for declaration as to the matrimonial status of any person (man or woman) as provided under Section 7 (1)(b), it will include the matrimonial status of “never married”.

5. Mr. N. Mahendra, learned counsel for the appellant further submitted that the matrimonial status of any person will come in one of three groups, namely, (i) married; (ii) divorced, separated or widowed; and (iii) never married. The law in India recognizes family of single parent (either of man or woman) having children. A family of single mother or father having child from the live-in-relationship or adoption or otherwise. According to learned counsel for the appellant, right of a woman to have a family with child without marriage with a man is recognized. However, ignoring all these, the Family Court passed the judgment holding that the Family Court has no jurisdiction to entertain the suit.

6. In the appeal, notices to respondents 1 to 3 were sent and the service report of this Court indicates that the respondents have been served. Though the respondents 1 to 3 were served and their names printed in the cause list, none appeared on behalf of them. The respondents 1 to 3 were called in open Court. However, none appeared and they were set ex parte.

7. The case of the appellant is that she and the respondents are Hindus by religion and the appellant is the single unmarried mother of respondents 2 and 3. The appellant was appointed in the Medical Department, Government of Manipur, on 2.9.1981 and posted at PHSC, Haoreibi Mayai Lekai. Thereafter, she was promoted as Female Health Supervisor on 2.1.1993 and posted at Yambem, PHC and while working as ANM, the appellant became acquainted with the first respondent, a Government Doctor, who is unmarried person and established live-in-relationship on the promise to marry the appellant. Later on, the appellant came to know that the first respondent was a married person having wife and child. The appellant became pregnant and first daughter Sujata Konjengbam (second respondent) was born on 1.3.1984 and the second daughter Lexia Konjengbam (third respondent) was born on 31.7.1995. The second respondent is married and the third respondent is a student and unm