Patna High Court Upholds Family Court's Decision Declaring Marriage Null and Void

Appeal dismissed as Family Courts Act overrides Specific Relief Act, ensuring judgment based on preponderance of evidence

In a significant ruling, the Patna High Court has upheld a Family Court's decision declaring the marriage between Anjani Kumar, also known as Pappu Kumar, and Mamta Bharti as null and void. The Division Bench, comprising Justices Bibek Chaudhuri and Dr. Anshuman, dismissed the appeal filed by Anjani Kumar, affirming the Family Court's judgment dated September 29, 2022, and decree dated October 14, 2022.

The appeal was filed under Section 19(1) of the Family Courts Act, 1984, challenging the decision of the Principal Judge, Family Court, Begusarai, in Matrimonial Case No.176 of 2010. The appellant contended that the Family Court had failed to consider the oral evidence of PW 3, the father of the respondent, and had improperly ignored Section 34 of the Specific Relief Act, 1963.

However, the High Court observed that the Family Courts Act, 1984, has an overriding effect on the Specific Relief Act, 1963, as per Section 20 of the Family Courts Act. The court noted that the Family Court had arrived at its decision based on a preponderance of evidence, including photographs, affidavits, and other exhibits, which supported the respondent's claims.

The appellant's argument that the judgment was flawed due to the non-consideration of specific oral evidence was rejected. The court emphasized that in civil proceedings, the standard of proof is the preponderance of probability, and minor contradictions in oral testimony do not undermine the overall judgment.

Furthermore, the court clarified that Section 34 of the Specific Relief Act, which pertains to declaratory reliefs, does not apply to matrimonial matters under the Family Courts Act. The Family Court's jurisdiction to declare the validity of a marriage is well-established under Section 7 of the Family Courts Act.

The High Court's decision underscores the legislative intent of the Family Courts Act to address matrimonial disputes comprehensively, overriding other conflicting legal provisions. By dismissing the appeal, the court affirmed the Family Court's judgment, which was based on a thorough examination of the evidence and adherence to legal principles.

Bottom Line:

Appeal under Section 19(1) of the Family Courts Act, 1984 to set aside judgment declaring marriage null and void dismissed due to proper consideration of evidence and overriding provisions of Family Courts Act over Specific Relief Act.

Statutory provision(s): Family Courts Act, 1984 Section 19(1), Section 20; Hindu Marriage Act, 1955 Section 11; Specific Relief Act, 1963 Section 34; Code of Civil Procedure, 1908 Order 41, Rule 11.

Anjani Kumar @ Pappu Kumar v. Mamta Bharti, (Patna)(DB) : Law Finder Doc Id # 2819235