Case Note & Summary
The appellant, Arjun S/o Ranappa Hatgundi, filed a suit before the Family Court, Kalaburagi, seeking a declaration that respondent No.1, Sushilabai @ Sugalabai, is not his legally wedded wife and that respondents No.2 and 3, Manasadevi and Mayuri, are not his children. He also sought a permanent injunction restraining them from claiming such status. The Family Court, by order dated 27.02.2023 in O.S. No.5/2018, directed the return of the plaint on the ground that it lacked jurisdiction, holding that the suit was barred under Section 7 of the Family Courts Act, 1984 and fell outside the purview of a Family Court. Aggrieved, the plaintiff filed the present appeal under Section 19(1) of the Family Courts Act, 1984 before the High Court of Karnataka, Kalaburagi Bench. The core legal issue was whether a suit for declaration of non-marriage and non-paternity is within the jurisdiction of a Family Court. The appellant argued that such a suit relates to the validity of marriage and parentage, which are expressly covered under Section 7 of the Act. The respondents supported the Family Court's order. The High Court, comprising Justice S. Sunil Dutt Yadav and Justice Rajesh Rai K, allowed the appeal, holding that the Family Court has jurisdiction to entertain the suit as it pertains to the existence or validity of a marital relationship and parentage, which are matters specified in Section 7 of the Family Courts Act, 1984. The impugned order was set aside, and the matter was remanded to the Family Court for fresh consideration on merits. The court directed the Family Court to proceed with the suit in accordance with law.
Headnote
A) Family Law - Jurisdiction of Family Court - Suit for Declaration of Non-Marriage and Non-Paternity - Section 7 of the Family Courts Act, 1984 - The Family Court has jurisdiction to entertain a suit seeking declaration that the defendant is not the legally wedded wife and that the other defendants are not the children of the plaintiff, as such a suit relates to the validity of marriage and parentage, which are matters covered under Section 7 of the Act. The order of the Family Court returning the plaint on the ground of lack of jurisdiction was set aside. (Paras 1-5) B) Civil Procedure - Return of Plaint - Jurisdictional Error - Section 9 of the Code of Civil Procedure, 1908 - The Family Court erred in returning the plaint on the ground that it had no jurisdiction, as the suit clearly fell within the ambit of Section 7 of the Family Courts Act, 1984. The impugned order was quashed and the matter remanded for fresh consideration on merits. (Paras 4-5)
Issue of Consideration
Whether a suit seeking declaration that the defendant is not the legally wedded wife and that the other defendants are not the children of the plaintiff falls within the jurisdiction of the Family Court under Section 7 of the Family Courts Act, 1984.
Final Decision
The appeal is allowed. The impugned order dated 27.02.2023 passed by the Principal Judge, Family Court, Kalaburagi in O.S. No.5/2018 is set aside. The matter is remanded to the Family Court for fresh consideration on merits. The Family Court is directed to proceed with the suit in accordance with law.
Law Points
- Jurisdiction of Family Court
- Suit for declaration of non-marriage
- Suit for declaration of non-paternity
- Section 7 Family Courts Act
- 1984
- Section 9 CPC
- Return of plaint
