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2007 Supreme(Bom) 1350

S.B.MHASE, S.R.SATHE
Mangala d/o. Dinkar Shankar Shellar – Appellant
Versus
Laxman Ganpat Jadhav – Respondent


Advocates:
Advocate Appeared
Mr. V.G. PAREKH, for the Appellant
Mr. A.M. RAJABALLY, for the Respondent

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appeal was filed against a judgment that declared the marriage between the appellant and respondent as void ab initio under the relevant provisions of the Hindu Marriage Act (!) (!) .

  2. The Family Court granted a decree of nullity under Section 11 read with Section 5(i), due to the respondent's previous marriage being alive at the time of the marriage with the appellant (!) (!) .

  3. The appellant sought a declaration that the marriage was voidable under Section 12(1)(c), alleging fraud due to nondisclosure of the respondent's prior marriage, but this relief was not granted (!) (!) .

  4. The Court held that a decree for nullity under Section 11 is of a higher category than a voidable marriage decree under Section 12, and thus, the decree passed was appropriate and sufficient (!) (!) .

  5. The appellant's challenge based on adverse findings regarding her knowledge of the respondent's prior marriage was rejected because the appeal was not maintainable against a decree of nullity where the appellant was the successful party (!) (!) .

  6. The Court emphasized that in the absence of an appeal by the other party, adverse findings against a successful party cannot be challenged through appeal or cross-appeal (!) (!) .

  7. The appeal was also dismissed on the grounds that the issues related to maintenance claims and property disputes were not within the scope of the appeal, especially considering the age and current employment status of the child and the appellant (!) (!) (!) (!) (!) (!) .

  8. Ultimately, the Court accepted the preliminary objection regarding the appeal's maintainability and dismissed the appeal accordingly (!) (!) (!) .

Please let me know if you need a detailed analysis or assistance with any specific aspect of this case.


JUDGMENT

S.B. MHASE, J.:- This appeal is directed against the judgment and decree passed by the Family Court, Bombay at Bandra in Petition No.A-1239 of 1996, on 26.2.2003 wherein the Family Court partly allowed the petition granting decree that the marriage solemnised between the parties on 4.3.1982 is declared void ab- initio under section 11 read with section 5(i) of the Hindu Marriage Act, 1955. By the said judgment, the prayer of the appellant - petitioner for her maintenance and the maintenance of her son Subodh is rejected. So also the prayer of the petitioner - appellant for granting permanent injunction restraining the respondent from visiting or staying in the premises being Room No.205, Vishnu Building, N. M. Joshi Marg, Byculla, Mumbai is rejected.

2. When this matter appeared for admission the learned counsel for the respondent - husband raised a preliminary objection in respect of the maintainability of the appeal. The learned counsel for the respondent submitted that in Marriage Petition No.A-1239 of 1996 the appellant - petitioner has prayed for a decree of nullity of marriage solemnised between the petitioner - appellant and the respondent on 4.5.1982 and/or alternati














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