Family Court Jurisdiction -- Death of One Spouse -- Family Court cannot adjudicate dispute where one party to the marriage is no longer alive
(i) Family Courts Act, 1984, S.7 -- Family Court Jurisdiction -- Death of One Spouse -- Adjudication of family disputes by a Family Court can be undertaken only where both parties to the marriage are alive and are before the court. The legislature intended the specialised forum under the Family Courts Act to deal with disputes arising out of subsisting marital relationships and not disputes that arise after the death of one of the alleged spouses. (ii) Family Courts Act, 1984, S.7, Explanation (b) -- Matrimonial Status -- Dispute After Death of Spouse -- A dispute arising after the death of the person to whom rival parties claim marital status does not constitute a family dispute within the meaning of the Family Courts Act. Such a dispute retains the character of a civil dispute and must be adjudicated by a civil court of competent jurisdiction.
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