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Showing posts with label matrimonial matter. Show all posts
Showing posts with label matrimonial matter. Show all posts
Saturday, 10 April 2021

Whether High court can entertain petition for appointment of guardian of person of the minor in its original jurisdiction at Mumbai?

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   The judgment of the Full Bench leaves no room for doubt that the High Court must be considered as a District Court for the purposes of th...

Whether High court can entertain the matrimonial matter as the court of Original Jurisdiction at Mumbai if it comes within the family court's jurisdiction?

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  The plea with regard to the Family Court is raised on the basis of the provisions of   section 2(e)   along with   section 8   of the said...
Friday, 26 June 2020

Whether court directing wife to undergo gender detection test amounts to a violation of her right to privacy?

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This petition has been filed by the petitioner/wife under Article 227 of the Constitution of India against the orders dated 16.8.2018 as...
Tuesday, 19 February 2019

Whether Widow is liable to pay court fees in partition suit filed against her brother in law?

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 A petition for probate of a Will is neither a petition in relation to any 'property dispute' nor does it 'arise out of or con...
Saturday, 12 January 2019

What is appropriate stage for referring dispute to mediation in Family disputes?

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Having regard to the provisions of Section 89 and Rule 1A of Order 10, the stage at which the court should explore whether the matter shou...
Friday, 5 May 2017

When decree for restitution of conjugal rights will not be granted against wife?

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 On perusal of the aforesaid section, it will appear that the provision requires that if one of the parties i.e. either the husband ...

Whether examination in chief of wife can be relied on if she fails to remain present for cross examination?

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 In a matrimonial dispute, testimony of the contesting spouse to refute the accusations made in the pleadings in divorce petition plays ...
Saturday, 23 July 2016

When corroboration is not required to prove intimate facts about spouses in matrimonial matters?

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As noticed above, in matrimonial cases, the approach of the courts is different from that adopted in other cases. In Suman Singh (su...
Thursday, 26 May 2016

Whether Husband and wife can be permitted to resile from compromise which was acted upon?

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During pendency of this MATA, it appears that both the parties have settled the matter. In fact, pursuant to our direction dated 14.1.2...
Saturday, 20 June 2015

Whether court can refuse to hear a person on merit if he fails to pay interim alimony in matrimonial litigation?

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Where the maintenance pendente lite was not paid in pursuance to an order passed under the Act, this Court in Krishan Kumar v. Monika G...
Monday, 25 May 2015

How to appreciate evidence of child witness in dispute between father and mother?

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Sweety, daughter of the parties, stepped into the witness box on 4.10.2002 and her age at that time was little above 14 years. The pregna...
Sunday, 3 May 2015

When court should not strike off defence in matrimonial matter?

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 Now, we make a reference to the decision of this Court in the case of Vimi Vinod Chopra. In our view, the said decision does not hel...
Monday, 26 January 2015

Whether it is mandatory for family court to send matrimonial matter for mediation if the prayer is to declare the marriage as null and void ab initio?

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The Family Court Judge, having briefly noticed the facts of the case, passed the impugned order. The relevant portion reads thus: ...
Friday, 14 February 2014

Whether power of attorney can give evidence on behalf of Spouse in matrimonial proceeding?

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 In our view, the appellant cannot be permitted to give his evidence through his power of attorney. During the course of hearing, we pointe...
Wednesday, 27 March 2013

Whether woman litigant is entitled to get exemption from payment of court fees in partition suit if her husband is alive?

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Bombay Court Fees Act, (1959) S.46 – Court fee – Exemption to woman litigant – Challenge – Wife claimed partition of ancestral prop...
Wednesday, 21 November 2012

How to appreciate evidence in matrimonial dispute?

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 Presently, to the core issue, viz, whether the appellant-husband had made out a case for mental cruelty to entitle him to get a decree ...