Special Relief Act Principles Not Applicable In Family Court Matters: Patna High Court

The Patna High Court has clarified that the principles laid in the Specific Relief Act is not applicable on Family Court matters as Family Court Act has an overriding effect.

The Court was considering an Appeal against a judgement and decree of the Family Court declaring marriage between parties as null and void.

The division bench of Justice Bibek Chaudhuri and Justice Dr Anshuman held, ".....As the Specific Relief Act, 1963 has come into existence in 1963 and Family Court Act, 1984 has come into existence in the year 1984 and the provisions of Family Courts Act have been prevailed by Section 20 in the year 1984 on any other law for the time being in forced and, hence, we are of the firm view that even if the applicant/respondent has not demanded any relief in its suit with regard to restitution of conjugal right or any further relief. In this regard, the Principal Judge has indicated, at the time of deciding issue No.4, but restrained himself, for not granting a relief with regard to Section 11 of the Hindu Marriage Act shall not make the judgment and decree passed by Principal Judge, Family Court illegal. Rather due to overriding effect of Section 20 of the Family Courts Act, 1984 non-demand of any such relief shall not create any shadow on the judgment and decree passed by the Principal Judge, Family Court, and therefore, the second point of determination has been answered accordingly."

The Appellant was represented by Senior Advocate Jitendra Prasad Singh while the Respondent was represented by Advocate Shripriya Sinha.

The Counsel for the Appellant had submitted that the Family Court passed the impugned judgement without considering the provisions laid down under Sections 11 and 5 of the Hindu Marriage Act, 1955 as well as materials available on record, particularly ignoring Section 34 of the Specific Relief Act, 1963.

While inquiring into the question as to whether the marriage is maintainable or not, the Court clarified that the principle laid down under the Specific Relief Act, 1963 shall not be applicable upon the suits filed under the Family Courts Act, 1984, due to Section 20 of the Family Courts Act, 1984.

"In this view of the matter, we are of the firm view that in the light of the discussions/reasons assigned in considering “points of determination”, there is no need of any interference in the impugned judgment and decree as we do not find any illegality in the judgment and decree dated 29.09.202 and 14.10.2022 respectively, passed by Principal Judge, Family Court, Begusarai, in Matrimonial Case No.176 of 2010", the Court observed.

The Appeal was eventually dismissed.

Cause Title: Anjani Kumar v. Mamta Bharti

Appearances:

Appellants- Senior Advocate Jitendra Prasad Singh, Advocate Varun Krishna Singh, Advocate Vankatesh

Respondents- Advocate Shripriya Sinha, Advocate Rajeev Kumar

Click here to read/ download Order