Family Courts Act Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship

Case: P.T. Philipose & Anr. v. Sunil Jacob & Ors.

Coram: Justice A. Muhamed Mustaque and Justice Sophy Thomas

Case No.: MAT.APPEAL NO.64 OF 2011

Court Observation:  “Every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as ‘in circumstances arising out of a marital relationship’. There may be many personal or commercial transactions for either of the spouse or by both, with the in-laws or their relatives or even remotely between the family members or relatives of either spouse. Such transactions cannot have any nexus with the marriage or marital relationship between them.”

“The main requirement is that such ‘circumstances’ must have a direct bearing on marriage, since the marriage precedes, the existence or origin of a ‘marital relationship’. ‘Circumstances’ arising out of a marital relationship are therefore, ‘occurrences or things which stand around or about, which attend upon, which closely precede or follow, which surround and accompany, which depend upon or which support or qualify the principal event’ of a marriage or marital relationship.”

Previous Posts

Avoid Shortcut Approach In Judgments; Courts Must Adjudicate All Issues: Supreme Court

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC

Short Term Permit For Extraction Of Minor Minerals Can Be Granted On Application Made To Competent Authority, Public Auction Not Required: Bombay HC

Bank Entitled To Proceed U/S 13 SARFAESI Act Notwithstanding That Debt Portfolio Was Assigned To It By NBFC: Bombay High Court

Acquittal of Delinquent Employee in a Criminal Case Does Not Debar Employer from Proceeding with Disciplinary Enquiry: Supreme Court

Mere Breach of Contract Cannot Give Rise to Criminal Prosecution for Cheating: Supreme Court

Order Allowing Review Petition Must Be Speaking & Reasoned Order As To What Was The Error Apparent On The Face Of Record: Supreme Court

Regional Labour Commissioner Cannot Exercise Adjudicatory Powers In Proceedings Under Sec. 33(1) Of Industrial Disputes Act: Delhi High Court

Supreme Court Bars Charging Compound Interest Or Penal Interest On Any Borrower During Loan Moratorium; Refuses Moratorium Extension Download Judgement

Non Placing & Non Consideration Of Bail Order Vitiates Detaining Authority Subjective Decision: Tripura HC Sets Aside Detention Order

Preventive Detention Not Tenable When Other Penal Laws Sufficient to Deal with the Situation: Gujarat High Court

Writ Petition to Initiate In-House Inquiry against Judges Alleging Misconduct Not Maintainable: Kerala High Court

Keywords

Family Courts Act, Marital Relationship