The Kerala High Court has ruled that disputes over marital status raised after the death of a spouse do not fall within the jurisdiction of Family Courts and must be decided by ordinary civil courts. The court dismissed an appeal filed by a woman who sought recognition as the legally wedded wife of a deceased man while claiming a share in his properties.
Background of the Case
Renuka Kumari had approached the Family Court in Thiruvananthapuram claiming that she was the legally married wife of late Sasikumar. She also sought partition of certain properties and a share in the income generated from them.
According to her petition, another woman allegedly had a relationship with Sasikumar, and the other respondents were children born from that relationship.
The respondents challenged the maintainability of the case before the Family Court, arguing that the dispute was essentially a property dispute arising after Sasikumar’s death and therefore belonged before a civil court.
Court’s Observations
The Division Bench examined the scope of Section 7 of the Family Courts Act, 1984. The judges noted that Family Courts are meant to resolve disputes arising out of existing family and marital relationships.
“The dispute cannot be viewed as a ‘family dispute’ requiring adjudication by the Family Court when it arises after the death of the person to whom both sides claim marital ties,”
the bench observed.
The court found that the main purpose of the petition was to secure rights over the deceased’s property and that the request for a declaration of marriage was linked to that larger property claim.
The judges further stated that the expression “matrimonial status” under the Family Courts Act relates to a subsisting marital relationship. Where one of the alleged spouses has already died, the dispute becomes a civil dispute rather than a family dispute.
Decision
Upholding the Family Court’s order, the High Court held that the original petition should be pursued before a competent civil court. The appeal was dismissed.
However, the court clarified that the time spent by the appellant pursuing proceedings before the Family Court and the High Court would be excluded while calculating the limitation period for filing a civil suit.
Case Details:
Case Title: Renuka Kumari v. Pradeep Kumar & Anr.
Case Number: Mat. Appeal No. 194 of 2026
Court: High Court of Kerala at Ernakulam
Judges: Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K.
Decision Date: 11 June 2026
