Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 28(4) -- Appeal u/s 19(1) of Family Courts Act - Limitation to file appeal is 90 days as prescribed u/s 28(4) Hindu Marriage Act and not 30 days as prescribed u/s 19(3) of Family Courts Act...........
Hindu Marriage Act, 1955, Section 19, 13 -- Divorce - Jurisdiction - Marriage between parties solemnized in accordance with Hindu rites and customs in India - Husband did not opt to counter the said pleadings - When marriage was solemnized under Hindu Law, proceedings for divorce by wife also be preferred under the Act - Husband cannot take any exception to the proceedings..........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
Hindu Marriage Act, 1955, Section 28(4), Family Courts Act, 1984, Section 19(1), 19(3) -- Appeal - Period of limitation - Stipulations in Hindu Marriage Act deal with substantive right of parties and substantive right of appeal whereas stipulations in Family Courts Act deal with procedural matters - Substantive provision must get precedence over a procedural provision -..........
Hindu Marriage Act, 1955, Section 28, Family Courts Act, 1984, Section 19, 20 -- Appeal - limitation - Non-obstante clauses u/ss 19 & 22 of Family Courts Act cannot override the applicability of period of limitation prescribed for an appeal u/s 28 of Hindu Marriage Act as no, obstante clause cannot be read mechanically - Vague and general no, obstante clauses cannot..........
Hindu Marriage Act, 1955, Section 19(iiia) -- S.19(iii-a) is applicable only when wife is petitioner that she can file the petition in a Court where she resides on the date of presentation of the petition - However, the same benefit is not available when husband is petitioner...........
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19 -- Return of plaint - Jurisdiction - Court at place `J' does not have jurisdiction merely on the plea that parties visited the village which comes under the jurisdiction of Court at place `J' - By visiting village `G' for ceremony, parties cannot confer jurisdiction upon Court at place `J'..........
Hindu Marriage Act, 1955, Section 19 -- Jurisdiction - Wife can present a petition under the Act to District court within the local limits of whose ordinary original civil jurisdiction she is residing on the date of presentation of the petition...........
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19 -- Return of plaint - Territorial jurisdiction - Plaint/petition is returnable U.O.7.R.10 CPC only where a finding about want of jurisdiction can be arrived at on the averments made in the plaint itself - Where allegation of defendant require enquiry and evidence is needed to arrive at a..........
Hindu Marriage Act, 1955, Section 13, 19 -- Divorce petition - Jurisdiction - Petition for divorce by husband against wife be instituted in a Court within whose jurisdiction wife resides...........
