Adjudication of matrimonial disputes in a congenial atmosphere is the function of the Family Court. No doubt, a broad and liberal approach is required in determining the jurisdiction of the Family Court. But, it does not mean that, the Family Court has the jurisdiction to adjudicate matters not even remotely connected with marriage and marital relationship. Exclusion of jurisdiction of civil courts cannot be readily inferred. The expression "in circumstances arising out of a marital relationship" in Clause (d) of the explanation to Section 7(1) of the Act, denotes such circumstances surrounding, preceding and closely following a marital relationship, that is, the principal event of marriage and the eventualities surrounding the same. The "circumstances" must have a direct bearing on marriage. Prime consideration should be as to whether the cause of the lis has got any bearing with marital relationship. If the cause of action is emerging out of any circumstances related to matrimonial relationship and the same could not have existed independently, then the suit can be maintained before the Family Court, and it will fall under Clause (d) of the explanation to Section 7(1) of the Act. It is not necessary that, parties to a suit or proceeding under that clause, shall be parties to a marriage.
23. On an analysis of the facts of the present case on the basis of the parameters stated above, it is evident that the foundation of the claim for money made by the appellant against her daughter and son-in-law is not any circumstance arising out of a marital relationship. The amount was allegedly given by her to the respondents purely on account of her confidence and faith in them. There is no plea, as contended by the learned counsel for the appellant, that she gave the money at the instance of her husband or due to the pressure or influence made on her by her husband. The transaction between the appellant and the respondents has no connection with her marital relationship with her husband. The cause of action for the claim of money made by the appellant does not relate to the matrimonial relationship between her and her husband. The cause of action for realisation of money from the respondents would exist independently. The jurisdiction conferred on the Family Court is settlement of issues arising out of matrimonial causes. The dispute in the instant case is purely a civil dispute which one could agitate and seek relief from an ordinary civil court. The dispute is not one arising out of any marital relationship.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat. Appeal No. 541 of 2016
Decided On: 09.11.2018
Vijayalakshmy Vs. P.K. Jayashree and Ors.
Hon'ble Judges/Coram:
C.K. Abdul Rehim and R. Narayana Pisharadi, JJ.
Citation: AIR 2019 Kerala 53
