DURGA LAL MEENA Vs. VIMLA DEVI MEENA

JUDGEMENT

(1.) HEARD learned counsel for the parties on the question of admission of this civil second appeal. Brief relevant facts for the disposal of this appeal are that appellant -husband filed a suit for dissolution of his marriage with the respondent -wife in the Court of Family Judge, Kota but the same was dismissed by the Family Court vide order dt. 15.5.2000 on the ground that the appellant being of Meena Caste belongs to Scheduled Tribes category whereas a petition under Sec. 13 of the Hindu Marriage Act (hereinafter to referred as "the Act") can be filed only by a Hindu whereas in the light of Sec. 2(2) of the Act the provisions of the Act are not applicable to the appellant. Thereafter, the appellant filed a civil suit for dissolution of marriage in a Civil Court situated at Kota i.e. Additional Civil Judge (Junior Division) North, Kota and the same was registered as Civil Suit No. 4/2003. The non -petitioner initially appeared and filed her written statement and on the basis of the pleadings of the parties, necessary issues were also framed by the trial Court. As no objection regarding jurisdiction of the civil Court was not taken by the respondent, issue relating to jurisdiction was not framed but the learned trial Court relying on Sec. 7 of the Family Court's Act dismissed the suit finding that as in Kota District, a Family Court has already established, Civil Court has no jurisdiction to entertain a suit filed for dissolution of marriage. Feeling aggrieved, the appellant filed appeal under Sec. 96 CPC and the same was registered as Civil Regular Appeal No. 5/2005. The learned appellate Court after hearing both the parties upheld and affirmed the judgment and decree passed by the trial Court by finding that in view of the provisions of Secs. 7 & 8 of the Family Courts Act, Civil Court has no jurisdiction to entertain a suit for dissolution of marriage as Family Court has been established in Kota District. Still dissatisfied, the appellant -husband is before this Court by way of this civil second appeal.

(2.) ON consideration of submissions made on behalf of the respective parties and also going through the impugned judgments passed by the Courts below and the relevant legal provisions more particularly Secs. 7 & 8 of the Family Courts Act, I do not find any illegality or perversity in the impugned judgments and I also do not find any substantial question of law involving in this appeal requiring consideration of this Court. From the provisions of Secs. 7 & 8 of the Family Courts Act it is very clear that if at a place Family Court has been established under the provisions of the Act, all suits and proceedings of the nature as referred in the explanation appended to Sec. 7 of the Act shall be entertained and heard by the Family Court concerned and in the light of Sec. 8 of the Act in such a circumstance the jurisdiction of civil Court is barred. It is an admitted fact that the parties are resident of Kota District and for that District a Family Court has already been established which is continuously functioning. Merely because previously the petition/suit filed by the appellant was dismissed by the Family Court Kota, a civil Court cannot be conferred jurisdiction to hear the present matter only on that account. Therefore, this appeal is liable to be dismissed at the admission stage itself but as the Family Court, Kota has previously dismissed the suit/petition filed by the appellant, liberty is required to be granted to the appellant of file a fresh suit/petition in the Family Court, Kota. Consequently, the appeal being meritless is, hereby, dismissed at the admission stage itself but liberty is granted to the appellant to file a fresh suit or petition for dissolution of marriage or for any other remedy, if he so chooses, in the Family Court, Kota. It is further made clear that if such a suit or petition is filed by the appellant, the same shall be considered by the Court concerned on merit and same will not be liable to be dismissed only on the ground that his previous suit/petition has been dismissed by the Family Court or the Civil Court.