Question

The Family courts have concurrent jurisdiction to pass a decree for dissolution of marriage under the Indian Divorce Act: In which case the order was passed:

• A. Handa v/s. Handa (AIR 1955)
• B. Dr. Mary V/s. Dr. Vincent (AIR 1991)
• C. Peter V/s. Anglina (AIR 1992)
• D. None of the above

Hint:

When studying Family Law, pay attention to jurisdictional issues, especially how general laws (like CPC) and special laws (like the Family Courts Act or specific marriage acts) interact with each other. Case laws are often crucial in settling such jurisdictional conflicts.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the case in which it was held that Family Courts have jurisdiction to pass a decree for dissolution of marriage under the Indian Divorce Act, 1869 (which applies to Christians). The issue arose because the Indian Divorce Act required a decree of dissolution passed by a District Court to be confirmed by the High Court, and there was ambiguity about whether Family Courts (established under the Family Courts Act, 1984) could exercise this power.

Step 3: Detailed Explanation:
In the case of Dr. Mary v. Dr. Vincent, AIR 1991 Ker 241, a Full Bench of the Kerala High Court addressed this issue. The court held that a Family Court, established under the Family Courts Act, 1984, functions as a District Court for the purposes of the Indian Divorce Act, 1869. Therefore, a Family Court has the jurisdiction to hear petitions and pass decrees for dissolution of marriage under the Indian Divorce Act. It clarified the overlapping jurisdiction between the two statutes. This ruling was significant in streamlining the process for Christians seeking divorce by allowing them to approach the specialized Family Courts.

Step 4: Final Answer:
The order clarifying that Family Courts have concurrent jurisdiction under the Indian Divorce Act was passed in the case of Dr. Mary V/s. Dr. Vincent.