The Karnataka High Court has ruled that a suit seeking a declaration of a person’s matrimonial status falls within the jurisdiction of the Family Court under Section 7 of the Family Courts Act, 1984. This significant judgment came in the case of Arjun Ranappa Hatgundi v. Sushilabai & Others (MFA No. 202179 of 2023).
The decision, delivered by a division bench comprising Justice S. Sunil Dutt Yadav and Justice Rajesh Rai K, overturned a Family Court’s earlier decision to return a plaintiff’s suit on grounds of jurisdiction.
Case Background
The plaintiff, Arjun Ranappa Hatgundi, had filed a suit seeking a declaration that the first defendant, Sushilabai, was not his legally wedded wife, and defendants 2 and 3 were not his children. He also sought an injunction to restrain them from claiming any such relationship.
According to the plaintiff, Sushilabai had been previously married to one Bhagavantharaya Kalshetty, and their marriage had been dissolved by mutual consent. However, she later asserted that she had married the plaintiff in 1987 and that defendants 2 and 3 were born from this union.
The Family Court, relying on an earlier judgment in Bhuvaneshwari v. Revappa, ruled that seeking a negative declaration was impermissible and returned the plaint for lack of jurisdiction.
The High Court meticulously examined Section 7 of the Family Courts Act, which outlines the types of suits and proceedings that fall under Family Court jurisdiction. Specifically, Explanation (b) of Section 7 states that a suit relating to the validity of a marriage or matrimonial status of any person is within the Family Court's exclusive jurisdiction.
“It is clear on a reading of explanation (b) to Section 7 of the Family Courts Act that a suit relating to matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act.”
The bench further relied on the Supreme Court's ruling in Balram Yadav v. Fulmaniya Yadav (Civil Appeal No. 4500/2016), which held that whether the relief sought is affirmative or negative, a declaration concerning matrimonial status must be decided by the Family Court.
“In case there is a dispute on the matrimonial status of any person, a declaration in that regard has to be sought only before the Family Court. It makes no difference as to whether it is an affirmative relief or a negative relief.”
Finding the Family Court’s interpretation erroneous, the High Court set aside the lower court's order and directed the Family Court to resume proceedings.
“Noticing that the suit relates to matrimonial status of defendant No.1 with the plaintiff, the finding of the Family Court is erroneous and is liable to be set aside.”
The judgment reinforces that Family Courts are the appropriate forum for resolving matrimonial status disputes, even when the relief sought is negative in nature.
The parties were instructed to appear before the Family Court on February 12, 2025, without further notice.
Appearance: Advocate Vinayaka Apte for Appellant.
Advocate B.K Hiremath for R1.
Case Title: Arjun Ranappa Hatgundi AND Sushilabai & Others
Case No: MISCL. FIRST APPEAL NO.202179 OF 2023
