Principle

CIVIL PROCEDURE – Jurisdiction of Court – Incidental vs. Fundamental Issues of Family Status

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Ouster provisions excluding High Court jurisdiction over family status matters apply only when family status is the fundamental (primary, central) issue, not when it's merely incidental (subsidiary, collateral) to the main claim. "Fundamental issue" means the case's core question—what the action primarily seeks to determine.…

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