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of <h1>Supreme Court upholds civil courts' exclusive jurisdiction in nullifying marriages under Divorce Act</h1> The Supreme Court affirmed the Kerala High Court's decision, dismissing the appeal and upholding the exclusive jurisdiction of District and High Courts in ... - Issues:1. Validity of marriage under the Divorce Act and Ecclesiastical Tribunal's decree.2. Authority of Ecclesiastical Tribunal in matrimonial matters.3. Interpretation of Section 19(2) of the Divorce Act regarding prohibited degrees of consanguinity.4. Jurisdiction of District Court and High Court in declaring marriages null and void.Analysis:The judgment involves an appeal filed by the wife against the Kerala High Court's decision directing the District Judge to investigate allegations regarding the validity of her marriage to the respondent-husband. The husband claimed the marriage was void due to the wife's previous marriage and alleged insanity. The District Judge declared the marriage null without an inquiry, citing Section 19(4) of the Divorce Act. The High Court held that post the Divorce Act, Ecclesiastical Tribunal decrees have no legal impact in matrimonial matters. The Divorce Act vests jurisdiction in District and High Courts for dissolution or nullity of marriages.The Divorce Act amends laws related to Christian divorce, conferring jurisdiction on District and High Courts in matrimonial matters. The Act dictates the grounds and forums for dissolution or nullity of marriages, excluding the authority of Ecclesiastical Tribunals. The High Court emphasized that even if an Ecclesiastical Court grants annulment, parties cannot remarry until legally dissolved. The Supreme Court affirmed the High Court's decision, dismissing the appeal against the remittal to the District Judge for a proper inquiry.Regarding the interpretation of Section 19(2) of the Divorce Act on prohibited degrees of consanguinity, the Supreme Court referred to a precedent stating that personal law, like Canon law for Roman Catholics, determines marriage validity. The Court clarified that Ecclesiastical Tribunal decrees on marriage nullity are not binding on civil courts. Section 18 of the Act limits the authority to declare marriages null and void to District and High Courts, excluding other tribunals.The judgment underscores the supremacy of the Divorce Act in governing Christian matrimonial matters and the exclusive jurisdiction of civil courts in declaring marriages null and void. It highlights the need for proper legal procedures and inquiries in determining the validity of marriages under the Act, emphasizing the limitations of Ecclesiastical Tribunals in parallel proceedings. The dismissal of the appeal upholds the legal principles outlined in the Divorce Act and affirms the authority of District and High Courts in adjudicating matrimonial disputes.
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