Case Note & Summary
The appeal arises from a judgment and decree passed by the Family Court No. 4, Nagpur in Petition No. B-30/2012, which declared the marriage between the appellant Durgaiya Pocham Sullewar and respondent Aruna as null and void. The respondent Aruna had filed the petition under Section 7(g) of the Family Courts Act, 1984 read with Section 151 of the Code of Civil Procedure, 1908, contending that she was the legally wedded wife of Durgaiya, their marriage was solemnized on 11.07.1979, and that Durgaiya had performed a second marriage with Laxmibai during the subsistence of the first marriage. The Family Court allowed the petition and declared the marriage null and void. The appellants, Durgaiya and Laxmibai, challenged this decree on the ground that the Family Court lacked jurisdiction to pass such a declaration under the provisions invoked. The High Court examined the scope of Section 7(g) of the Family Courts Act, 1984, which deals with suits or proceedings for a declaration as to the validity of a marriage or as to the matrimonial status of any person. The court noted that Section 7(g) only covers declarations as to the validity of a marriage or matrimonial status, but does not confer jurisdiction to declare a marriage null and void in the absence of a specific enactment providing for such relief. The court held that Section 151 CPC cannot be used to confer substantive jurisdiction where none exists. Consequently, the High Court allowed the appeal, set aside the impugned judgment and decree, and dismissed the petition filed by Aruna, leaving the parties to bear their own costs.
Headnote
A) Family Law - Jurisdiction of Family Court - Declaration of Marriage as Null and Void - Section 7(g) Family Courts Act, 1984 read with Section 151 CPC - The Family Court does not have inherent jurisdiction under Section 7(g) read with Section 151 CPC to declare a marriage null and void in the absence of a specific provision under any enactment. The suit for declaration of marriage as null and void is not maintainable before the Family Court under the said provisions. (Paras 5-8)
Issue of Consideration
Whether the Family Court had jurisdiction to declare the marriage between the appellant and respondent as null and void under Section 7(g) of the Family Courts Act, 1984 read with Section 151 of the Code of Civil Procedure, 1908.
Final Decision
The High Court allowed the appeal, set aside the impugned judgment and decree passed by the Family Court, and dismissed the petition filed by Aruna. No order as to costs.
Law Points
- Jurisdiction of Family Court
- Declaration of marriage as null and void
- Section 7(g) Family Courts Act
- 1984
- Section 151 CPC
- Inherent powers
- Specific relief
