Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court

The Orissa High Court has held that dispute as to marital status of parties comes within the exclusive jurisdiction of the Family Court established under the Family Courts Act, 1984 ('the Act') and the same cannot be decided by any other civil court.

While nullifying the order passed by a Civil Judge (Senior Division), being altered by the order of the District Judge, the Single Bench of Justice Sashikanta Mishra observed –

“It is surprising that even after establishment and functioning of the Family Court, the trial Court not only proceeded with the suit but also decided it finally. Even more surprisingly, the First Appellate Court entertained the appeal arising out of the judgment and the decree of the trial Court and reversed the same.”

Case Background

One Srimukha Naik died on 25.07.2021, leaving behind the respondent and his children. The respondent filed a suit alleging that the deceased was never married to the appellant and therefore, she is not entitled to the family pension. She sought for a negative declaration that the appellant is not a legally-wedded wife of the deceased.

The appellant, however, filed a written statement denying the averments made in the plaint. She claimed to be the first wife of the deceased and also contended that the respondent is not the legally wedded wife, who only had illicit relationship with the deceased. She argued that the deceased declared her as nominee at the time of preparation of pension papers and she received the pensionary benefits as per direction of the Accountant General of Odisha.

The Civil Judge (Senior Division), Deogarh framed several issues and after analysing the evidence on record, dismissed the suit. The respondent carried the matter in appeal, in which the District Judge, Deogarh allowed the appeal in part by setting aside the impugned judgment and decree and by declaring that the respondent is the legally-wedded wife of the deceased and as such, the appellant is not his legally married wife. Being aggrieved, the appellant filed this second appeal.

Court's Observations

The Court admitted the second appeal filed under Section 100 read with Order XLII Rule 1 of the CPC on framing the substantial question as to whether both the Courts below were correct in entertaining the suit and the appeal respectively in view of Section 7 of the Act read with Section 8 of CPC by exercising the jurisdiction exclusively vested with the Family Court.

For answering the aforesaid question, the Court referred to a notification dated 23.07.2018 by the Department of Law, Government of Odisha whereby the State Government in consultation with the High Court established the Family Court for the district of Deogarh. It also referred to a communication of the High Court Registry whereby the said Family Court was made functional with effect from 23.12.2021.

The Bench noted that suit was filed on 29.11.2021 and as on the date of filing of the suit, though the Family Court had been established but had not become functional. It started functioning about a month later i.e. on 23.12.2021. Then the Court went on to examine if the issue in hand was within the exclusive jurisdiction of the Family Court.

Explanation (b) Section 7(1) of the Act says that a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person can exclusively decided by a Family Court. Reference was also made to Section 8 of the Act further provided that where a Family Court has been established for any area no district court or any subordinate civil court shall have any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to Section 7(1).

“Clause-(c) [of Section 8] makes it clear that any suit or proceeding of the nature referred to in explanation to Subsection (1) of Section 7, which is pending immediately before the establishment of the Family Court before any district Court or subordinate Court over which a Family Court alone has jurisdiction on the date on which it is established shall stand transferred to the Family Court,” the Court added.

Justice Mishra also cited Balaram Yadav v. Fulmaniya Yadav (2016), wherein the Apex Court was of the view that 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.

As a corollary, it was held that in view of Section 8(a), the Civil Judge (Senior Division) lacked jurisdiction to adjudicate the matter any further upon establishment of the Family Court at Deogarh, which ought to have been transferred to the Family Court as per Section 8(c) of the Act.

Though the question as to jurisdiction was not raised before the Courts below, the Bench held that the same goes to the root of the matter, rendering the judgments passed by Courts lacking jurisdiction a nullity.

“…in view of the exclusion of the jurisdiction of the Civil Court as per Section 9 of the CPC, the suit and the appeal arising therefrom could not have been entertained and decided by the Courts below. It is reiterated that the Civil Court shall have no jurisdiction to entertain a suit where the same is expressly barred under any law. In the instant case, the jurisdiction of the Civil Court to adjudicate the dispute is expressly barred by the provisions of Sections 7 and 8 of the Family Courts Act.”

Accordingly, the judgments and decrees passed by both the Courts below were set aside, along with a direction to the trial Court to immediately transmit the case records to the Family Court, Deogarh for de novo adjudication.

Case Title: Kshirbati @ Kharabati Naik v. Premsila Naik & Anr.

Case No: RSA No. 122 of 2024

Date of Judgment: March 04, 2025

Counsel for the Appellant: Ms. S. Jena, Advocate

Counsel for the Respondent: Mr. B.S. Dash, Advocate

Citation: 2025 LiveLaw (Ori) 44

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