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2002 Supreme(Kar) 253

N.K.JAIN, R.V.RAVEENDRAN, S.N.KUMAR, V.G.SABHAHIT, K.L.MANJUNATH
ROSY KURIAN KANNANAIKAL – Appellant
Versus
JOSEPH VERGHESE CHEERAN – Respondent


Advocates:
G.GANGADHAR AITHAL, K.NARAYANA GOWDA, K.V.Shivaprasad, SUBBOSH JOSEPH

N. K. JAIN, C. J.

( 1 ) A Full Bench of this Court not agreeing with the view taken by an earlier Full Bench decision in the case of Jayakumar v Smt. Harriet nirmala and observing that "there are number of reference petitions pending in this Court which shall now have to await the decision of the larger Bench", has referred this matter to the Hon'ble Chief Justice to constitute a larger Bench vide its order dated 15-12-2000.

( 2 ) AS per the direction of the Chief Justice vide order dated 8-3-2002, the matter has been placed before this larger Bench of five Judges with advance notice on 15-3-2002. The points referred for consideration, are: (I) Whether a reference to High Court for confirmation of a decree for dissolution of marriage or nullity of marriage, under Sections 17 and 20 of the Divorce Act, 1869, is necessary where such decree is granted by a Family Court, under the Family Courts Act, 1984? (II) Whether an appeal lies to a Division Bench of the High Court under Section 19 of the Family Courts Act, 1984 against a judgment and decree of the Family Court passed under Section 14 or 19 of the Divorce Act, 1869? (III) If the answer to point (ii) is in the negative, whether con























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