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1992 Supreme(Bom) 251

V.P.TIPNIS, M.F.SALDANHA
Sangeeta Balkrishna Kadam – Appellant
Versus
Balkrishna Ramchandra Kadam – Respondent


judgment

Per SALDANHA M.F., J.:—Aspects of some significance touching proceedings instituted for dissolution of marriage under the Hindu Marriage Act, 1955 have arisen in these appeals, in which we have heard learned Counsel extensively, which issues are summarised below:

a) Whether in a proceeding for dissolution of marriage while granting a relief under the Hindu Marriage Act, 1955, the trial-Court would be justified in the grant of ancillary orders in relation to items of property, such as the ornaments, furniture, fixtures, etc., or whether on a strict construction of Section 27 of the Hindu Marriage Act, a Court would be required to direct the parties to adopt separate proceedings only in respect of these reliefs?

b) Where the Act is silent and it appears both reasonable and desirable that the reliefs in respect of property not covered by section 27 of the Hindu Marriage Act be granted, whether the inherent powers under section 151 of the Code of Civil Procedure ought to be used?

c) Whether in a case of grant of permanent maintenance/alimony at the stage of final disposal of the petition the order can date back to the point of time of the institution of parallel matrimonial proce

































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