Case Note & Summary
The appellant, Mukund Sudam Borkar, filed a petition before the Family Court, Nagpur seeking a declaration that the respondent, Pradnyasheela W/o Ramesh Ghate, is not his legally wedded wife and that she has no right to trespass into his house. The appellant alleged that the respondent seduced him into a live-in relationship while her husband, Ramesh Ghate, was alive and their marriage was subsisting, and that a girl child, Twinkle, was born from the relationship. The respondent filed a written statement and counterclaim, asserting that she is the wife of the appellant and that her marriage with Ramesh Ghate had dissolved due to lack of contact since 1994. The Family Court dismissed the appellant's petition, holding that it had jurisdiction to decide the marital status. The appellant challenged this decision in the Bombay High Court, Nagpur Bench, arguing that the Family Court lacked jurisdiction to grant a declaration of marital status, as such a declaration is not covered under Section 7 of the Family Courts Act, 1984. The High Court, comprising Justice Vasanti A Naik and Justice V.M. Deshpande, dismissed the appeal, holding that the Family Court has jurisdiction to decide the question of whether the respondent is the legally wedded wife of the appellant, as it is incidental to the dispute and necessary for granting effective relief. The court reasoned that the Family Court's jurisdiction under Section 7 of the Family Courts Act, 1984 includes matters relating to the validity of marriage and other incidental issues. The appeal was dismissed with no order as to costs.
Headnote
A) Family Law - Jurisdiction of Family Court - Declaration of Marital Status - Section 7 of Family Courts Act, 1984 - The Family Court has jurisdiction to decide the question whether a person is the legally wedded wife of another, even if the main relief sought is a negative declaration that the respondent is not the wife, as the issue of marital status is incidental to the dispute and falls within the ambit of Section 7 of the Family Courts Act, 1984. The court held that the Family Court can decide such incidental questions to grant effective relief. (Paras 1, 5-7)
Issue of Consideration
Whether the Family Court has jurisdiction to decide the question whether the respondent is the legally wedded wife of the appellant in a suit for declaration that the respondent is not the wife.
Final Decision
The appeal is dismissed. The judgment of the Family Court is confirmed. No order as to costs.
Law Points
- Family Court jurisdiction
- declaration of marital status
- incidental determination
- Section 7 Family Courts Act
- 1984
- Section 9 CPC
