Sunday 3 December 2023

Questions and answers on law(Part 56)

Q 1:-  Which two principles of private international law are mentioned in CPC?

Ans: S 13 and S 14 of CPC relating to foreign judgment and its presumption.

Q 2:- Whether CPC is applicable to revenue court?

Ans :-S 5 of CPC is applicable to revenue court on the point of procedure where special statute is silent if the State Government, by notification in the Official Gazette, declare.

Q 3:- Whether children born out of void marriage can claim share in property of their parents during their life time?

Ans:- Thus, it is now made more than clear that, the children of a void marriage, though regarded as legitimate, such children would not be entitled to any share in the properties, which are ancestral coparcenary joint family properties of their parents. Their right to claim the share remains limited only to the extent of the separate property of their father, but in that property, they cannot make any claim during the lifetime of their father. Their right in the separate properties of their father will accrue only on the death of their father and, that too, by way of succession.

IN THE HIGH COURT OF BOMBAY

Second Appeal No. 737 of 2013, Civil Application No. 1729 of 2013 and Second Appeal No. 738 of 2013

Decided On: 30.07.2018

 Balkrishna Pandurang Halde Vs. Yeshodabai Balkrishna Halde

Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.

Citation: 2018(6) MHLJ 947

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