Case Note & Summary
The case involves a second appeal by Ravindra Sukhdev Ghadge against the judgment and decree of the Civil Judge Senior Division, Aurangabad, and the District Judge, Aurangabad, which awarded maintenance to his wife and two children under the Hindu Adoption and Maintenance Act, 1956. The appellant raised the issue of jurisdiction, arguing that under Sections 7 and 8 of the Family Courts Act, 1984, the civil court had no jurisdiction to entertain the matrimonial dispute as a Family Court existed at Aurangabad. The respondents had filed Hindu Marriage Petition No. 100 of 2012 in the civil court seeking maintenance. The trial court awarded maintenance of Rs. 18,750 per month, which was modified by the first appellate court to Rs. 5,000 per month for each petitioner. The appellant did not raise the jurisdiction issue in the trial court but raised it in the second appeal. The High Court framed a substantial question of law regarding whether the decrees were nullities due to lack of jurisdiction. The court held that the civil court lacked jurisdiction because the Family Courts Act, 1984, specifically excludes the jurisdiction of civil courts in matrimonial matters where a Family Court has been established. The court found that the decrees passed by the civil court and confirmed by the district court were nullities. Consequently, the court allowed the appeal, set aside the decrees, and dismissed the maintenance petition, leaving the respondents to seek remedy before the appropriate Family Court.
Headnote
A) Family Law - Jurisdiction of Civil Courts - Exclusion by Family Courts Act - Sections 7 and 8 of Family Courts Act, 1984 - The issue was whether a civil court had jurisdiction to entertain a maintenance petition under the Hindu Adoption and Maintenance Act, 1956, when a Family Court existed at Aurangabad. The court held that Sections 7 and 8 of the Family Courts Act, 1984, oust the jurisdiction of civil courts in matrimonial matters, and any decree passed without jurisdiction is a nullity. The objection to jurisdiction can be raised at any stage, including in appeal. (Paras 1-3)
Issue of Consideration
Whether the judgment and decree passed by the Civil Judge Senior Division, Aurangabad, and confirmed by the District Judge, Aurangabad, is a nullity on account of exclusion of jurisdiction in matrimonial matters by Section 7 of the Family Courts Act, 1984?
Final Decision
The appeal is allowed. The judgment and decree passed by the Civil Judge Senior Division, Aurangabad in Hindu Marriage Petition No. 100 of 2012 and confirmed by the District Judge, Aurangabad in Regular Civil Appeal No. 155 of 2014 are set aside as nullities. The maintenance petition is dismissed. The respondents are at liberty to approach the appropriate Family Court for relief.
Law Points
- Jurisdiction of civil court ousted by Family Courts Act
- 1984
- Sections 7 and 8
- in matrimonial matters
- Decree passed without jurisdiction is nullity
- Objection to jurisdiction can be raised at any stage including appeal
Case Details
2018 LawText (BOM) (11) 11
Second Appeal No. 237 of 2016
Mr Jiwan J. Patil for appellant, Mr M. S. Karad h/f Mr S. V. Jadhavar for respondent
Swati Ravindra Ghadge @ Swati Bhonde, Tanmay S/o. Ravindra Ghadge, Arav S/o. Ravindra Ghadge
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Nature of Litigation
Second appeal against judgment and decree in a matrimonial maintenance case
Remedy Sought
Appellant sought to set aside decrees on ground of lack of jurisdiction of civil court
Filing Reason
Appellant challenged the decrees passed by civil court and first appellate court awarding maintenance, arguing that civil court had no jurisdiction due to Family Courts Act, 1984
Previous Decisions
Trial court (Civil Judge Senior Division, Aurangabad) awarded maintenance of Rs. 18,750 per month; first appellate court (District Judge, Aurangabad) modified to Rs. 5,000 per month per petitioner
Issues
Whether the civil court had jurisdiction to entertain a maintenance petition under Hindu Adoption and Maintenance Act, 1956, in view of Sections 7 and 8 of Family Courts Act, 1984?
Whether the decrees passed by the civil court and confirmed by the district court are nullities?
Submissions/Arguments
Appellant argued that Sections 7 and 8 of Family Courts Act, 1984 oust jurisdiction of civil courts in matrimonial matters, and since a Family Court existed at Aurangabad, the civil court had no jurisdiction, making the decrees nullities.
Respondents argued that the appellant did not raise the jurisdiction issue in the trial court and therefore cannot raise it in appeal.
Ratio Decidendi
Under Sections 7 and 8 of the Family Courts Act, 1984, where a Family Court has been established, the jurisdiction of civil courts in matrimonial matters is excluded. Any decree passed by a civil court without jurisdiction is a nullity and can be challenged at any stage, including in appeal.
Judgment Excerpts
In this second appeal, Mr. Jiwan Patil, learned counsel for the appellant has raised issue of jurisdiction of the trial Court as well as the appellate Court on the ground that Sections 7 & 8 of the Family Courts Act, 1984, ousts the jurisdiction of the civil court in respect of matrimonial dispute filed.
Whether the judgment and decree passed by the Civil Judge Senior Division, Aurangabad, and confirmed by the District Judge, Aurangabad is nullity on account of exclusion of jurisdiction in matrimonial matters by Section 7 of the Family Courts Act? ...... In the affirmative.
Procedural History
Respondents filed Hindu Marriage Petition No. 100 of 2012 in the court of Civil Judge Senior Division, Aurangabad for maintenance under Hindu Adoption and Maintenance Act, 1956. Trial court awarded maintenance of Rs. 18,750 per month. Appellant filed Regular Civil Appeal No. 155 of 2014 before District Judge, Aurangabad, who modified maintenance to Rs. 5,000 per month per petitioner. Appellant then filed Second Appeal No. 237 of 2016 in the High Court, raising the issue of jurisdiction.
Acts & Sections
- Family Courts Act, 1984: 7, 8
- Hindu Adoption and Maintenance Act, 1956:
