Suit for declaration of a matrimonial status before the family court

t

Question asked on: 25/12/2016

What is the jurisdiction of family court and can I file suit for declaration of matrimonial status?

Advised by: Mr. Shivendra Pratap Singh, Advocate

Suit for declaration of marital status can be filed before the family court. The Family Courts Act 1984 empowers the family court, constituted under this act, to decide and declare about the matrimonial status of a person.

Before passing of this Act, the District Court and Magistrate have jurisdiction to decide various matter related with matrimonial disputes. There was no uniformity and cognisance were taken by more than one courts. Litigants were very confused to find appropriate court because some disputes are mixed case of civil and criminal nature.

After enforcement of the Family Courts Act 1984, there is uniformity in matrimonial cases. Section 7 deals with the jurisdiction of the Family Court and section 8, on the other hand, excludes the jurisdiction of other courts if the case is pending before the family court.

According to section 7, the family court has exclusive jurisdiction in respect of these matters:

  1. Decree of nullity of marriage.
  2. Restitution of conjugal rights.
  3. Judicial separation.
  4. Dissolution of marriage or Divorce.
  5. Declaration as to the validity of the marriage.
  6. Declaration of matrimonial status of a person.
  7. Dispute regarding property between the parties to a marriage.
  8. Pass an injunction order in respect of marital relationship.
  9. Declaration as to the legitimacy of a person.
  10. Suit for maintenance under section 24/25 Hindu marriage act and u/s 125 of the code of criminal procedure.
  11. Admit a suit about guardianship of the child.
  12. Suit for custody of the child.

In your case, you can file suit before the family court for the declaration of marital status. If the family court is constituted in your district, you can present such suit directly before the family court because the family court has exclusive jurisdiction. In the absence of family court, you can file a civil lawsuit before the court of District judge.

Wife can file case under section 125 of the code of criminal procedure, for the maintenance. If a matrimonial case is pending before the family court, the application for alimony u/s 125 may be filed before the family court instead of Magistrate court. 

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 18706

Consultation: 3832

Convert divorce case in to mutual consent divorce

Can court convert the divorce case filed under section 13 of Hindu Marriage Act into the Divorce of Mutual Consent under section 13B of the same Act? Section 13 of the Hindu Marriage Act 1955, provides grounds for divorce. All the grounds mentioned in this section are...

Divorce under Hindu marriage act

How many ways a Hindu marriage could be dessolved? Divorce came into force with the codification of The Hindu Marriage Act 1955 (HMA). First time recognized divorce under Hindu marriage act. Before 1955 divorce was not recognized in Hindu law except by some custom...

Separation by agreement

Can we live separate by our agreement instead of a decree of judicial separation? Parties to the marriage want to live separate without filing a petition of judicial separation or divorce they can do so by an agreement called separation by agreement. Parties are not...

Paternity of child can be decided by DNA test

Can DNA testing decide paternity of a child? I want to get paternity check of my child through the court because I think that my wife had a sexual relationship with a man before the marriage. Her paramour is also working in Bangalore, and he used to contact her via...

Adoption is invalid if child actually not given and taken in adoption

Child given in adoption as per astrological advice so as to save his life. A widow of lower caste community adopted the child for the purpose of superstition that child will live long. Of course the child actually given and taken with ulterior motive. Thereafter the...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now