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‘Presumption of Death’ Can’t Be Raised Before Administrative Tribunal Or Article 226/227 Proceedings: Kerala High Court

The Kerala High Court has held that its constitutional jurisdiction cannot be used for deciding disputes for which remedies under the civil law are available. Upholding the decision of the Administrative Tribunal, Justices K. Babu and Alexander Thomas held that the petitioners are not entitled to any reliefs refusing to exercise the powers of the judicial review and superintendence. In a plea seeking a declaration to the validity of a marriage or the marital status as per Section 7(e) of the Family Courts Act, the Court noted that the competent jurisdiction is that of a Family Court. It noted that while exercising the writ jurisdiction, the constitutional courts are never expected to undertake such arduous task of sifting of the evidence relating to the questions posed above. It further observed, “In a proceeding instituted under Articles 226 and 227 of the Constitution of India this Court has intrinsic limitations in resolving the issues relevant in the facts and circumstance of this case.”

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