Case Note & Summary
The appellant, Randolf Savio Philips, and the respondent, Florence D'Souza, were married under the Foreign Marriage Act, 1969. A matrimonial dispute arose, and the appellant filed a suit for custody of minor children under Section 18 of the Foreign Marriage Act, 1969 before the District Judge, North Goa, Panaji. The learned District Judge issued a notice seeking clarification on whether the District Court had jurisdiction in view of a previous judgment of the Bombay High Court at Goa in Monica Variato v. Thomas Variato, which had held that the District Court had no jurisdiction to entertain a suit under Section 18 of the Special Marriage Act, 1954. The appellant contended that the marriage was solemnized under the FMA, 1969, and Section 18 of that Act read with Section 38 of the SMA, 1954 confers jurisdiction on the District Court. The High Court examined the provisions and found that Section 18 of the FMA, 1969 specifically provides that the provisions of Sections 38 and 39 of the SMA, 1954 shall apply to suits under the FMA, 1969. Section 38 of the SMA, 1954 states that all suits under Chapter VII of that Act shall be instituted in the District Court. The Court distinguished the Monica Variato case, which dealt with Section 18 of the SMA, 1954 (which does not contain a similar provision), and held that the District Court has jurisdiction. The appeal was allowed, and the order of the District Judge was set aside, with a direction to proceed with the suit in accordance with law.
Headnote
A) Civil Procedure - Jurisdiction - District Court - Foreign Marriage Act, 1969, Section 18 read with Special Marriage Act, 1954, Section 38 - The issue was whether the District Court has jurisdiction to entertain a suit for custody of minor children under Section 18 of the Foreign Marriage Act, 1969 read with Section 38 of the Special Marriage Act, 1954. The Court held that the District Court has jurisdiction, as Section 18 of the FMA, 1969 provides for the application of Section 38 of the SMA, 1954, which confers jurisdiction on the District Court. The earlier judgment in Monica Variato v. Thomas Variato was distinguished as it dealt with a different provision (Section 18 of the SMA, 1954) and not Section 18 of the FMA, 1969. (Paras 3-6)
Issue of Consideration
Whether the District Court has jurisdiction to entertain a civil suit instituted under Section 18 of the Foreign Marriage Act, 1969 read with Section 38 of the Special Marriage Act, 1954 in view of the judgment in Monica Variato v. Thomas Variato.
Final Decision
Appeal allowed. The order of the District Judge dated 25.3.2013 is set aside. The District Court is directed to proceed with the suit in accordance with law.
Law Points
- Jurisdiction of District Court under Foreign Marriage Act
- 1969
- Section 18 read with Section 38 of Special Marriage Act
- 1954
- Custody of minor children
- Interpretation of statutes
