Whether family court can adjudicate a domestic violence dispute if the magistrate has decided monetary claims regarding said dispute?

We mentioned earlier that there must be

predicate act of domestic violence to enable the

Magistrate to give any relief as referable under

Section 20. The doctrine of res judicata bars the

court from adjudicating the same issue which has

been conclusively decided by the competent forum or

court between the same parties. Inquiry being

treated as an ancillary or incidental procedure of

the main issue of domestic violence, any outcome of

such proceedings itself is not decisive in the

subsequent proceedings. The substantial issue in a

proceedings under Section 20 must be domestic

violence. The relief of monetary claims under

Section 20 is an ancillary relief. Therefore, the

outcome in ancillary proceedings, that too in the

proceedings in the nature of inquiry itself will

not bar the Family Court or any other competent court

having power to adjudicate such dispute. The outcome

in such inquiry proceedings may be relevant while

deciding the dispute in subsequent proceedings

before the competent court under Sections 42 or 43

of the Indian Evidence Act, 1872 (for short, the

Evidence Act). The Apex Court in Satish Chander

Ahuja v. Sheha Ahuja [AIR (2020) SC 5397] opined

that such order under the Act is a relevant

evidence as contemplated under Sections 40 to 43 of

the Evidence Act. We, therefore, find no merit in

the appeal. {Para 21}

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

MR.JUSTICE A.MUHAMED MUSTAQUE

&

DR.JUSTICE KAUSER EDAPPAGATH

 

MAHINKUTTY ABDUL KARIM Vs ANSHIDA, D/O.IBRAHIM, MALIYAMVEEDAN HOUSE,

 

Mat.Appeal.No.739/2014 2

Dated this the 9th day of April 2021

Author: A.Muhamed Mustaque, J.

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