The Kalaburagi bench of the Karnataka High Court has ruled that any disputes regarding the matrimonial status of an individual must be resolved before the family court, regardless of whether the relief sought is affirmative or negative. This significant ruling was made by a division bench comprising Justice S Sunil Dutt Yadav and Justice Rajesh Rai K.
The court delivered this decision while instructing the resumption of a suit filed by Arjun, a social worker from Kalaburagi. Arjun had approached the family court seeking a declaration that Sushilabai was not his legally wedded wife and that her two daughters were not his children. He claimed that Sushilabai had falsely stated that they were married on October 10, 1987, and had previously been married to Bhagavantharaya Kalshetty, with whom she had two daughters. Their relationship was purportedly dissolved through a consent decree under Section 13-B of the Hindu Marriage Act.
The family court had earlier dismissed the suit, citing its lack of jurisdiction under Section 7 of the Family Courts Act, noting that the relief sought was negative. However, the division bench clarified that under Explanation (b) to Section 7 of the Family Courts Act, disputes concerning a person’s matrimonial status fall squarely within the jurisdiction of the family court. The court emphasized that such disputes, whether seeking a positive or negative declaration, must be adjudicated by the family court.
The High Court has now directed all parties to appear before the family court on February 12 without further notice.
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