Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2025

Supreme Court of India · 2025-01-28

Ivan Rathinam vs Milan Joseph

Court
Supreme Court of India
Petitioner
Ivan Rathinam
Respondent
Milan Joseph
Author
Surya Kant
Bench
Surya Kant

Judgment text excerpt

The Supreme Court examined whether the Family Court had the jurisdiction to determine paternity and legitimacy in a maintenance case, emphasizing that paternity and legitimacy are distinct legal concepts. The Court upheld the Kerala High Court's decision to revive the maintenance petition, which involved incidental determination of paternity within family proceedings. The judgment clarified that Family Courts are competent to decide on paternity as part of maintenance matters, and civil courts do not have exclusive jurisdiction. The case underscores the procedural and jurisdictional nuances in family law related to paternity and maintenance.

Ivan Rathinam vs Milan Joseph · Niyam