Declaration on marital status can only be sought before family courts, rules Karnataka HC

Bengaluru: If there is a dispute regarding the matrimonial status of any person, a declaration must be sought only before the family court, regardless of whether the relief is affirmative or negative, the Kalaburagi bench of the Karnataka High Court stated in a recent judgement.

A division bench comprising Justice S Sunil Dutt Yadav and Justice Rajesh Rai K delivered this ruling while ordering the resumption of a suit filed by Arjun, a social worker from Kalaburagi.

Arjun had approached the family court in Kalaburagi, seeking a declaration that Sushilabai was not his legally wedded wife and that her two daughters were not his children. He contended that Sushilabai falsely claimed to have married him on October 10, 1987.

The suit further stated that Sushilabai had previously married Bhagavantharaya Kalshetty and had two daughters with him. It was claimed that their matrimonial relationship was dissolved through a consent decree under Section 13-B of the Hindu Marriage Act.

On February 27, 2023, the family court refused to entertain the suit, citing a legal contention that it fell outside its jurisdiction under Section 7 of the Family Courts Act. The court also observed that the relief sought was a negative declaration.

The division bench, however, noted that Explanation (b) to Section 7 of the Family Courts Act clearly establishes that any suit concerning the matrimonial status of a person falls within the jurisdiction of the family court. The bench further stated that the prayer in the suit directly pertains to legal matrimonial status.

Quoting a precedent set by the Supreme Court in the Balram Yadav Vs Fulmaniya Yadav case, the bench reaffirmed that disputes over matrimonial status must be adjudicated by the family court, irrespective of whether the relief sought is affirmative or negative.

The high court has now directed all parties to appear before the family court without further notice on February 12.