The Allahabad High Court on Thursday settled a tricky jurisdictional issue in a family property battle involving claims of second marriage. Justice Sandeep Jain made it clear that civil courts cannot decide on someone’s matrimonial status, and such matters rest solely with the Family Court.
Background
The case was brought by Smt. Varsha Sharma @ Suman, who said she married Mukesh Sharma after the death of his first wife, Rekha. According to her, the marriage took place in March 2011 under Hindu rites. When Mukesh died in 2014, leaving behind properties worth around ₹30 crore, she claimed a one-third share. But Mukesh’s son, Ajay Sharma, denied she was ever married to his father. In fact, he alleged she had been a maid in their household, accusing her of fabricating documents.
Varsha then approached the trial court in Gautam Budh Nagar, seeking a declaration that she was Mukesh’s lawful second wife. The civil judge dismissed her plea in 2022, ruling that only the Family Court had the authority to decide such claims.
Court’s Observations
In the appeal, Varsha’s counsel argued that the trial court had blundered. Even if it lacked jurisdiction, the judge should have returned her plaint for filing before the Family Court rather than dismissing the case outright.
The High Court agreed. Justice Jain explained, “A declaration on matrimonial status falls within the exclusive jurisdiction of the Family Court. The trial court was right on that point but wrong in dismissing the entire suit.”
Citing earlier Supreme Court rulings, the bench noted that when a court lacks jurisdiction, it must return the plaint under Order 7 Rule 10 of the Civil Procedure Code. This allows the plaintiff to file afresh in the competent court without losing precious time or court fees.
Decision
Finally, the bench partly allowed Varsha’s appeal. The 2022 dismissal was set aside, but the finding on jurisdiction was upheld. The trial court has now been directed to return the original plaint so that Varsha can approach the Family Court. “No costs are awarded,” the judge concluded, leaving the matter to be pursued in the proper forum.
Case Title: Smt. Varsha Sharma @ Suman vs. Ajay Sharma & Another
Case No.: First Appeal No. 812 of 2022
Date of Decision: 4 September 2025
Appellant: Smt. Varsha Sharma @ Suman
Respondents: Ajay Sharma & Another
