JABALPUR, India, June 9 -- Madhya Pradesh High Court issued the following judgment/order on May 8:

1. The present First Appeal has been filed by the appellant/plaintiff being aggrieved by the order dated 25.03.2026 passed by First Additional Principal Judge, Family Court Jabalpur in RCSA No. 173/2025, whereby the petition of the appellant for declaration of marital status has been dismissed being not maintainable in absence of any direction/order by the Hon'ble High Court.

2. The appellant instituted a civil suit seeking declaration that she is the legally wedded wife of Late Roshan Singh Nepali and also sought consequential reliefs relating to pensionary and matrimonial benefits. According to the appellant, her marriage with Late Roshan Singh Nepali was solemnized according to Hindu rites and customs and during his lifetime she was recognized as his wife by the service authorities. The dispute arose after respondent No.1 claimed herself to be the wife of Late Roshan Singh Nepali on the basis of proceedings under Section 125 Cr.P.C. and thereafter claimed pensionary benefits. Consequently, the appellant filed Civil Suit No.166- A/2017 seeking declaration regarding her matrimonial status and related reliefs.

3. The learned 12th Civil Judge, Senior Division, Jabalpur entertained the suit and decided the same vide judgment dated 31.10.2023. Against the said judgment, the appellant preferred RCA No.364A/2023 before the learned 5th District Judge, Jabalpur. The Appellate Court, while deciding the appeal, observed that the subject matter involved in the suit pertained to declaration regarding validity of marriage and matrimonial status and therefore the jurisdiction to entertain such proceedings vested with the Family Court under Section 7 of the Family Courts Act, 1984. However, despite recording such finding, the Appellate Court again proceeded to decide the appeal on merits and affirmed the judgment passed by the Trial Court.

4. It further appears from the record that when the appellant approached the Family Court, Jabalpur, the matter was not entertained by the Family Court despite the nature of dispute being one squarely covered under Section 7 of the Family Courts Act. Hence, the present appeal has been filed.

5. Learned counsel for the appellant submitted that both the Courts below committed a jurisdictional error in entertaining and deciding the suit on merits. It was contended that the relief sought by the appellant directly relates to declaration regarding validity of marriage and matrimonial status and therefore, in view of Section 7(1) Explanation (b) of the Family Courts Act, 1984, the Family Court alone had jurisdiction to entertain such dispute. It was further argued that once the learned Appellate Court itself recorded a finding that the Civil Court lacked jurisdiction, it could not have proceeded to affirm the judgment on merits.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2026/FA/767/FA_767_2026_FinalOrder_08-05-2026_digi.pdf)

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