The Patna High Court has ruled that the bar under Section 34 of the Specific Relief Act, 1963, regarding declaratory suits does not apply to matrimonial proceedings governed by the Family Courts Act, 1984. The Division Bench, comprising Justice Bibek Chaudhuri and Justice Anshuman , held that Section 20 of the Family Courts Act has an overriding effect on inconsistent provisions of other laws.

The Court dismissed the Miscellaneous Appeal filed by the husband (the Appellant), upholding the Family Court’s decree which declared his second marriage null and void.

Background of the Case

The appeal (Miscellaneous Appeal No. 587 of 2022) arose from a judgment and decree dated September 29, 2022, and October 14, 2022, passed by the Principal Judge, Family Court, Begusarai, in Matrimonial Ca

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