Only Family Court Can Decide Marital Status Disputes : Orissa High Court

Only Family Court Can Decide Marital Status Disputes : Orissa High Court

  • Case Name: Kshirbati @ Kharabati Naik v. Premsila Naik & Anr

The Orissa High Court canceled the decisions of the Civil Judge and First Appellate Court, stating that only the Family Court has the authority to handle cases about marital status, as per Sections 7 and 8 of the Family Courts Act, 1984.

After Srimukha Naik died in 2021, two women claimed to be his legal wife for pension benefits.

Citing Balaram Yadav v. Fulmaniya Yadav, the court emphasized that civil courts had no jurisdiction in such matters. The Orissa High Court ruled that only the Family Court could decide such matters and transferred the case.

The Family Court was instructed to hear the matter and resolve it within eight months.

HC Order / 5 months ago

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