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Supreme Court Of India

(From : Chhattisgarh)

Hon'ble Judge(s): Kurian Joseph, R. F. Nariman , JJ

Family Courts Act (66 of 1984) , S.7, S.8, S.20— Civil P.C. (5 of 1908) , S.9— Jurisdiction of Family Court - Declaration regarding matrimonial status of any person - Has to be sought only before Family Court and not before Civil Court - It be affirmative declaration or negative declaration - Wrong to say that negative declaration is not within jurisdiction of Family Court. Under Section 7(1) Explanation (b), a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8, all those jurisdictions covered under Section 7 are excluded from the purview of the jurisdiction of the Civil Courts. In case, there is a dispute on the matrimonial status of any person, a declaration in that regard has to be sought only before the Family Court. It makes no difference as to whether it is an affirmative relief or a negative relief. What is important is the declaration regarding the matrimonial status. Section 20 also endorses the said view, since the Family Courts Act, 1984, has an overriding effect on other laws. Order D/- 14-01-2015 (Chhattisgarh), Reversed.(Para 7) .....