Family Court not forum to decide wife's plea for ₹50 lakh damages from husband for calling her mentally ill: Kerala High Court

The Kerala High Court on Wednesday observed that a family court is not the appropriate forum to agitate a defamation case involving a claim of compensation even if the parties are spouses [Rarima R v Rejulal KV & Anr.].A division bench of Justices Anil K Narendran and PG Ajithkumar was considering a case where a woman had approached the family court seeking compensation of ₹50 lakh as damages from her husband and father-in-law for publicly describing her as mentally ill, thereby tarnishing her reputation in society. The bench after referring to the High Court's own judgments in similar matters, held that the dispute must have a nexus with the marital relationship for it come within the jurisdiction of the family court.In this case, the bench noted that the cause of action for the appellant to claim compensation is the injury allegedly caused to her reputation on account of libel and slander. This is an action for tort, which by itself is a civil wrong that constitures a cause of action, the bench noted."What emerges from the principles laid down by this Court in the aforesaid decisions is that the dispute must have a nexus with the marital relationship....Whether or not she is married to the 1st respondent (husband), the alleged statements made by the respondents if defamatory, is a sufficient casue of action," the bench said in its judgment.The bench found that the marital relationship has no bearing on the dispute in the present case and, therefore, it is not something to be agitated before the family court."When the sole reason for claiming compensation is such statements, the marital relationship between the appellant and the 1st respondent does not have any relevance or role in resolving such a dispute. The relationship between the appellant and the respondents would not make any impact in the ultimate decision. In that view of the matter it cannot be said that the dispute involved in O.P.No.400 of 2019 has any nexus to the marital relationship or is a dispute in the circumstances arising out of the marital relationship," the judgement stated. .The judgment was passed on an appeal moved by the wife against the order of a family court that had returned her suit claiming damages for defamation for presenting before the appropriate court. She claimed that her husband and father-in-law depicted her as a mentally ill person in a petition filed by her husband seeking custody of their child. The marriage between the spouses was still subsisting when she approached the High Court challenging the family court's order. Before the High Court, the appellant-wife contended that when the claim is by a party to a marriage against the other party, and the cause of action has a nexus to the marriage, the family court is competent to decide it. It was argued that the plea comes under Explanation (d) to Section 7(1) of the Family Courts Act, 1984, and that the Family Court erred in refusing to entertain it. The Court noted that according to the said provision, if the suit or proceedings is for an order in circumstances arising out of the marital relationship, the family court has jurisdiction.However, in the present case, the Court was unable to find that the dispute would come within the purview of this provision.Consequently, the appeal was dismissed..[Read Judgment]

Family Court not forum to decide wife's plea for ₹50 lakh damages from husband for calling her mentally ill: Kerala High Court

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