Court Overrules Family Court's Decision, Emphasizes Exclusive Jurisdiction of Family Courts in Spousal Property Matters
In a significant ruling, the Himachal Pradesh High Court has clarified the jurisdictional powers of Family Courts in property disputes between divorced spouses. The Division Bench comprising Justices Vivek Singh Thakur and Romesh Verma set aside an earlier decision by the Family Court, Hamirpur, which had dismissed Astha Thakur's application seeking the return of her property and Istridhan post-divorce from Dhananjay Kanwar, citing jurisdictional limitations.
The appellant, Astha Thakur, had initially approached the Family Court under Section 27 of the Hindu Marriage Act, 1955, seeking the return of her property and gifts following her divorce. The Family Court dismissed her application on the grounds that it lacked jurisdiction once the divorce decree was issued without addressing the property matters.
The High Court, however, has now reinstated Thakur's application, reinforcing the Family Court's jurisdiction under the Family Courts Act, 1984. The court noted that Section 7 of the Family Courts Act grants exclusive jurisdiction to Family Courts over property disputes between spouses, irrespective of whether such issues were covered in the divorce decree under the Hindu Marriage Act. This provision is designed to prevent multiplicity of litigation and streamline the resolution of matrimonial disputes.
The High Court highlighted the overriding effect of the Family Courts Act, as per Section 20, which takes precedence over any inconsistent provisions in the Hindu Marriage Act. The judgment underscores that Family Courts retain their jurisdiction to adjudicate property disputes even after a divorce decree is finalized, thus providing a comprehensive legal remedy in matrimonial matters.
The court has remitted the matter back to the Family Court, directing it to adjudicate the application on merits and determine the rightful ownership of the property in question. The Family Court has been instructed to ensure a fair opportunity for both parties to present evidence supporting their claims.
Astha Thakur and Dhananjay Kanwar have been instructed to appear before the Family Court on February 17, 2026, with a warning that non-compliance could result in adverse orders. The High Court's decision not only impacts the parties involved but also sets a precedent for similar cases, emphasizing the Family Court's broad jurisdiction in matrimonial property disputes.
Bottom Line:
Family Court has jurisdiction to adjudicate disputes related to the property of spouses or either of them, irrespective of the decree under Section 27 of the Hindu Marriage Act.
Statutory provision(s): Hindu Marriage Act, 1955 Section 27; Family Courts Act, 1984 Sections 7, 8, 20
Astha Thakur v. Dhananjay Kanwar, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2831823
