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.