Specific Relief Act Has No Application To Family Court Proceedings: Patna High Court

The Patna High Court has held that the provisions of the Specific Relief Act, 1963, have no application to proceedings under the Family Courts Act, 1984, due to the overriding effect of Section 20 of the latter statute.

The Court dismissed an appeal filed under Section 19(1) of the Family Courts Act challenging a Family Court order declaring a marriage null and void.

It rejected the contention that the suit was barred under Section 34 of the Specific Relief Act, observing that objections based on that statute are unsustainable in family court proceedings.

The High Court upheld the Family Court’s order and dismissed the appeal.

[Anjani Kumar @ Pappu Kumar v. Mamta Bharti & Anr.]