Kerala High Court Asserts Family Court Jurisdiction for Void Marriages
Last Updated on January 18, 2024 by News Desk
Issue:
The Kerala High Court made the important decision on Thursday that anyone with grievances about a void marriage may take their cases to family courts. An appeal against a family court order directing a man to provide his wife more than ₹3 lakh plus interest led to the division bench of Justices Anu Sivaraman and C Pratheep Kumar’s ruling.
Facts of the Case:
Under the Special Marriage Act the appellant and his spouse were married. Later on, the appellant’s wife—who was then living in Canada—helped him get a student visa and paid ₹15 lakhs for his study. After both spouses moved to Canada, their marriage fell apart. Wife filed suit for ₹3.3 lakh for the gold along with ₹3 lakh for schooling costs after alleging that the appellant stole gold jewelry and only handed back ₹8 lakh.
Arguments Presented by Parties:
Because of the wife’s previous, concealed marriage, the appellant argued, the marriage was null and invalid and the matter was outside the scope of the Family Courts Act. before his view, the case belonged before a regular civil court. Either party’s live spouse must be present for the marriage to be deemed void, according to Section 24(1)(i) of the Special Marriage Act, which was examined by the High Court. Solely a civil court could decide this matter, the appellant argued.
Judgment Delivered by the Court:
The High Court determined that even partners in a null and invalid marriage may seek remedies in a family court after carefully reviewing the Special Marriage Act and the Family Courts Act. The ruling stressed that, although if a marriage is null and void according to Section 24 of the Special Marriage Act, it is nonetheless legally binding in practice until the Family Court nullifies it. Citing pertinent rules, it further claimed that the Family Court had authority to handle the wife’s claims.
After taking into account the appellant’s argument, the Court maintained the family court’s directive, finding no justification to reverse it. A significant advancement in Keralan family law jurisprudence, the decision sets a precedent upholding the Family Court’s authority to hear cases involving dissolution of marriages.
Case title : Joseph AU v. Princy PJ
Written By : Nikita Shankar @nikitaashankar
