Whether declaration as to matrimonial status can be obtained from family court?
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 view which we
have taken, since the Family Courts Act, 1984, has an overriding
effect on other laws.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4500 OF 2016
(Arising out of SLP(C) No. 8076 OF 2015)
BALRAM YADAV Petitioner
VERSUS
FULMANIYA YADAV Respondent
KURIAN, J.
Dated;APRIL 27, 2016
https://www.lawweb.in/2016/05/whether-declaration-as-to-matrimonial.html
