BALRAM YADAV . versus FULMANIYA YADAV

Citation: [2016] 2 S.C.R. 965 · Decided: 27-04-2016 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2016] 2 S.C.R. 965 
.~ 
BALRAM YADAV . 
v. 
FULMANIYA YADAV 
(Civil Appeal No. 4500 of2016) 
APRIL 27, 2016 
[KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.) 
Family Courts Act, 1984 - ss. 7, 8, 20 -Jurisdiction of family 
courts - Declaration as to matrimonial status - Held: Declaration 
as to validity of both marriage and matrimonial status of a person 
is within exclusive jurisdiction of the Family Court - It does not 
matter whether it is an affirmative relief or negative relief 
Allowing the appeal, the Conrt 
HELD: Under Section 7(1) Explanation (b) of the Family 
Courts Act, 1984, a Suit or a proceeding for·a declaration as to 
the validity of both. marriage and.-n-imonial 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. The declaration regarding the 
matrimonial status is important. Section 20 also endorses the 
view taken, since the Family Courts Act, 1984, has an overriding 
effect on other laws. The impugned judgment of the High Court 
is set aside. The matter is remitted to the High Court to!J.e. 
decided on merits. [Paras 8, 9) [968-E-G] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4500 of 
2016. 
. 
.. '.,,,,. 
From the Judgment and Order dated 14.01.2015 of the High Court 
ofChhattisgarh at Bilaspur in First Appeal No. 12 of2014. 
Dr. Rajesh Pandey, B. N. Patel, Nitin Bhardwaj, Advs. for the 
Appellant. 
965 
A 
B 
c 
D 
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966 
SUPREME COURT REPORTS 
(2016] 2 S.C.R. 
A 
Apoorva Tripathi, Ms. Manju Sharma Jetley, Advs. for the 
B 
c 
D 
Respondent. 
The Judgment of the Court was delivered by 
KURIAN, J. I. Leave granted. 
2. The appellant instituted a Civil Suit before the Family Court, 
Ambikapur, Sarguja, Chhattisgarh seeking a declaration to the effect 
that respondent is not his legally married wife. By judgment dated 
28.12.2013, the Civil Suit was decreed declaring that the respondent 
was not appellant's legally married wife. 
3. The respondent, being aggrieved, moved the High Court of 
Chhattisgarh. The High court, as per the impugned order dated 
14.01.2015, allowed the appeal holding that the Family Court lacked 
jurisdiction to deal with the matter. According to the High Court, a 
negative declaration was outside the jurisdiction of the Family Court. 
4. Heard the learned counsel for the parties. 
5. Section 7 of the Family Courts Act, I 984(for short "the Act") 
deals with the jurisdiction of the Family Courts, which reads as follows:-
"Jurisdiction.-(1) Subjecttothe other provisions of th is Act, a Family 
Court shall-" 
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(a) have and exercise all the jurisdiction exercisable by any district 
court or any subordinate civil court under any law for the time 
being in force in respect of suits and proceedings of the nature 
referred to in the explanation; and 
(b) be deemed, for the purposes of exercising such jurisdiction 
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under such law, to be a district court or, as the case may be, such 
subordinate civil court forthe ~rea to which the jurisdiction of the 
Family Court extends. 
Explanation.-The suits and proceedings referred to in this sub-
section are suits and proceedings of the fellowing nature, namely:-
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(a) a suit or proceeding between the parties to a marriage for a 
decree of nullity of marriage (declaring the marriage to be null 
and void or, as the case may be, annulling the marriage) 
orrestitution of conjugal rights or judicial separation or dissolution 
of marriage; 
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(b) a suit or proceeding for a declaration as to the validity of a 
BALRAM YADAV v. FULMANIYAYADAV 
[KURIAN, J.] 
marriage or as to the matrimonial status of any person; 
(c) a suit or proceeding between the parties to a marriage with 
respect to the property of the parties or of either of thein; 
(d) a suit or proceeding for an orderor injunction in circumstances 
arising out of a marital relationship; 
(e) a suit or proceeding for a declaration as to the legitimacy of 
any person; 
(t) a suit or proceeding for maintenance; 
(g) a suit or proceeding in relation to the guardianship of the person 
or the custody of, or access to, any minor. 
' 
(2) Subject to the other provisions of this Act,

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