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2011 Supreme(Bom) 149

ROSHAN DALVI
Minoti Anand – Appellant
Versus
Subhash Anand – Respondent


Advocates appeared:
For the Petitioners:Ms. Chandana Salgaonkar-Radia, Advocate. For the Respondents:R1, Ms. Pushpa Menon i/by Vinay Menon, Suvarna Joshi & Ms. Shabnam Kaji, Advocates.

JUDGMENT :-

1. The order of the Family Court, Bandra, Mumbai dated 8th June 2004 declaring the inherent jurisdiction of the Family Court is challenged in the above Revision Application. Other interim orders dated 30th December 2003 and 9th January 2004 appointing a Commission and clarifying its ambit respectively are sought to be challenged in the above Writ Petition.

2. The issue of jurisdiction is the seminal dispute between the parties and must be first decided. Based upon that decision, the other interim orders relating to commission for certain inquiries with regard to the properties of the parties to the dispute would be seen. Respondent No.1/husband herein filed a divorce Petition being MJ Petition No.A-1931 of 2003 in Family Court, Mumbai. Aside from the relief of dissolution of his marriage with Petitioner No.1/wife herein, he applied for a number of reliefs with regard to the properties standing in the names of himself, his wife, his two sons as also a Trust settled by him which are claimed to be the properties purchased by him in the names of his family members. A Petition came to be filed for dissolution of marriage under Section 13(1)(i)(a) of the Hindu Marriage Act, 19






















































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