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Supreme Court of India 2018-01-16 allowed

R. Kasthuri & Ors vs M. Kasthuri & Ors

Bench: 2 — <UNKNOWN>

In Brief

The plaintiff-widow sought declarations that she was the legally wedded wife of a deceased man and that her children were his legitimate heirs. Defendants disputed this, claiming the deceased was married to them instead. The trial court decreed the plaintiff's suit and the first appellate court affirmed it. However, the High Court reversed the decree, holding that such family-related disputes fall exclusively within the Family Court's jurisdiction under the Family Courts Act, 1984. The Supreme Court allowed the appeal, ruling that the dispute, arising after the deceased's death and concerning only succession and heirship, was a purely civil matter outside the Family Court's specialized domain, which exists to preserve living marriages and settle family disputes through conciliation.

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Family Law Jurisdiction Succession and Inheritance Civil Procedure

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