Family Courts Act, 1984, Section 7 -- Nature of inquiry before Family Court is indeed adjudicatory...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure and infraction of principles of natural justice by Family Court, is not a technical irregularity to be overlooked...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure by Family Court - Family Court does not have plenary powers to do away with mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Discharging of counsel of party - No notice was give to appellant about request made by his counsel to make alternative arrangement - However, after accepting request, it was obligatory to issue notice to appellant to inform about order so passed - There is thus, substantial non-compliance of prescribed..........
Family Courts Act, 1984, Section 7, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 125 Cr.P.C. - While entertaining such a petition Family Court has to function as a Criminal Court in accordance with procedure prescribed under the Code of Criminal Procedure...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 9, Rule 7 -- Petition u/s 9 of Hindu Marriage Act - Respondent/husband proceeded ex parte - Application U.O.9.R.7 to set aside order proceeding ex parte - Application u/s 9 of Hindu Marriage Act should be tried in the presence of both the parties - Husband had already filed reply to petition and issues..........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), (d) - Jurisdiction of Family Court - It is not nomenclature of relationship that will determine whether a matter falls u/s 7(1) Explanation (d) of the Act or not - Nomenclature of relationship will be relevant for matters coming u/s 7(1) Explanation (c) of the Act, while what is relevant for S.7(1) Explanation (d)..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Suit for injunction filed by father-in-law against daughter-in-law - Property involved in suit does not belong to any of parties to marriage - It is the absolute property of father-in-law - Suit is not for an injunction `in circumstances arising out of a marital relationship' - Suit..........
Family Courts Act, 1984, Section 7, Hindu Minority and Guardianship Act, 1956, Section 6 -- Jurisdiction of Family Court - Custody of minor child - Family Court has jurisdiction to entertain an application u/s 6 of Hindu Minority and Guardianship Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 - - Rejection of plaint - Suit for non interference with judicial and official proceedings and payment of damages for defamation and harassment - Plea of exclusion of jurisdiction of civil Court - Interference/disruption of judicial proceedings and/or defamation even by a spouse does not fall..........
