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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAMACHANDRA D.HUDDAR
Mohamed Umar Seeni Ariff Khan, S/o. Late Mohamed Umar – Appellant
Versus
Tanzia Bano Alias Tanzia Banu, W/o. Late Mr. Imran Khan M.S., Represented By Her Spa Holder Mr. Waseem Pasha, S/o. Wahab Jan – Respondent
JUDGMENT :
(RAMACHANDRA D. HUDDAR, J.)
These four Misc. First Appeals are preferred independently by the defendants in the suit, assailing the legality and propriety of the common order dated 16.10.2024 passed by the X Addl. City Civil and Sessions Judge, Benglauru, sitting at CCH No.26 on I.A.No.1, 2, 4 and 6 filed in OS No.7645/2023. By the impugned order, the trial Court allowed the applications filed by the plaintiff under Order 39 Rules 1 and 2 of CPC thereby, granted temporary injunction restraining the defendants from dispossessing the plaintiff or alienating or encumbering the suit B-schedule property and simultaneously dismissed the application filed by the defendants under Order 39 Rule 4 of CPC seeking to vacate the said injunctive order.
2. The factual matrix reveal that, the respondent herein by name Mrs. Tanzia Bano alias Tanzia Banu filed a suit for declaration, partition and injunction against the appellants, claiming to be the legally wedded wife of late Imran Khan M.S., the son of appellants/defendants. Plaintiffs' principal contention is that, she, during the subsistence of her marriage transferred substantial amounts both in Indian and US Currencies to her husband
Procedural irregularities in the registration of marriage do not invalidate a marriage if supported by prima facie evidence of relationship, and the granting of temporary injunctions must consider po....
A void marriage precludes one from claiming rights as a legal heir under succession laws and the court's appellate powers are limited to substantial questions of law.
A Family Court has exclusive jurisdiction to declare marital status under the Family Courts Act, rendering such suits filed in civil courts non-maintainable.
Temporary injunctions require a prima facie case, balance of convenience, and irreparable injury, ensuring parties' rights are preserved during litigation.
The validity of marriage under Hindu law requires conclusive proof, reinforcing the trial court's ruling when evidence substantiates the marriage's legitimacy.
Court must grant injunction to protect possession when a prima facie case, balance of convenience, and risk of irreparable harm are established.
Insufficient evidence undermined the claim of a valid marriage, necessitating further proceedings to explore additional evidence and testimonies regarding marital status.
Long cohabitation creates a presumption of marriage, which can only be rebutted by cogent evidence.
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