Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
Live LawThe Kerala High Court has ruled that 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 under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in the plea was purely a business transaction between the son-in-law and father-in-law, and hence held that it cannot be termed as circumstances arising out of a marital relationship. "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'. The Family Court's reasoning to this question was that if there was no such marital relationship, the respondent herein would not have advanced money to his father-in-law, and so, it was a transaction arising out of a marital relationship under Section 7 of the Family Courts Act.