Home | Legal Advice | Family Law Advice | Suit for declaration of a matrimonial status before the family court

Suit for declaration of a matrimonial status before the family court

Shivendra Pratap Singh

Advocate

25/12/2016

Reading Time:

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

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 to 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 the matrimonial status of a person.
  7. The 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 a 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.

The wife can file a 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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Child Custody to a third party 

Question: My partner wishes that I could take legal custody over her. She is happy with her family but wants to leave. I live in the UK, and she lives in India. What (if any) are our options? Can the court allow child custody to a third party?  Asked from: Uttar...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Can I cancel the marriage after engagement

Question: I want to cancel the marriage after the engagement. I met a girl on 14.01.2022 & had an engagement (roka) on 19.01.2022. I met her from 15.01.2022 to 22.01.2022. After that she went to another city (Mumbai) & joined her office. After that she used to...

Custody of child below five years

Taking custody of a child below the age of five years is a difficult question for the father. However, father and mother both are natural guardians under the Hindu Minority and Guardianship Act, 1956. But the mother gets priority over the father for the custody of a...

Mother is taking custody of children from father

Question: My wife is living apart. She is living with her paramour and happy with him. I have two children, both are sons. Now the mother is taking custody of the children from the father. It is a very painful situation for me. Both sons are minor and very happy with...

How can I get a copy of divorce decree?

Question: How can I get a copy of divorce decree? What should I do if my husband has solemnised second marriage? I have been living separately from my husband for two years. He has solemnised a second marriage and is living with that lady. When I knew about it I...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54