2009 (1) TMI 915 - HC - Indian Laws

Summary

Issues involved: Jurisdiction of Family Court under Hindu Adoptions and Maintenance Act, 1956.

The petitioners, husband and wife, sought to regularize the adoption of a girl named Vijaya, with the respondent's agreement, which took place in 1970 without any consideration. The Family Court, Coimbatore, found the petitioners entitled to the relief of adoption regularization. The petitioner, a legal heir, challenged the adoption alleging suppression of facts and wrongful gain. The respondent argued that the petitioner had no standing to challenge the adoption. The petitioner contended that the Family Court lacked jurisdiction to deal with adoption matters.

The Family Court's jurisdiction was questioned based on Section 7 of the Family Courts Act, 1984. The Act confers jurisdiction on Family Courts for specific matrimonial matters, but adoption is not explicitly included. The Court held that adoption disputes fall under civil jurisdiction, not within the purview of the Family Court. The primary objective of the Family Court Act is to settle matrimonial disputes amicably, excluding adoption matters.

The Court analyzed the family's property inheritance structure, highlighting the legal heirs and their respective branches. The petitioner's claim of prejudice due to the adoption was refuted, as any rightful share would still be received. The petitioner sought intervention under Article 227 of the Constitution to correct the Family Court's jurisdictional error. A Karnataka High Court decision was cited to support the argument that Family Courts lack jurisdiction over matters under the Hindu Adoption and Maintenance Act.

The Court emphasized its supervisory jurisdiction to correct orders when courts exceed their designated powers. A report confirmed that the Family Court in Coimbatore was not empowered to handle matters related to the Hindu Adoption and Maintenance Act. Consequently, the Court set aside the Family Court's order, deeming it legally invalid. The Civil Revision Petition was allowed, overturning the Family Court's decision on adoption regularization.