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GOUTAM BHADURI, RAJANI DUBEY
Salendra @ Sumit Soni S/o Surendra Kumar Soni – Appellant
Versus
Surendra Kumar Soni S/o Brij Soni – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. The present appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred against the judgment and decree dated 30.09.2022 passed by the learned Judge, Family Court, Surajpur, District Surajpur (C.G.) in Civil Suit No. 30A/2020.
2. Vide the judgment impugned, the Family Court has dismissed the application filed under Section 34 of Specific Relief Act, 1963 (hereinafter referred to as ‘the Act’) filed by the plaintiff/appellant for declaration of son of the defendants/respondents holding it to be barred by limitation and rights and declaration of property rights being not within the purview of matrimonial party, was held to be not maintainable.
3. Brief facts of the case are that the plaintiff filed a civil suit for declaration of son of defendants and for declaration of property rights on the ground that he resided with his mother/defendant No. 2 and was born on 12.11.1995 out of the marital relationship of defendant Nos. 01 and 02. It was averred that the defendant No. 01 has ancestral property in village Umeshpur, where the defendant No. 2 was his neighbor. There was a love affair of defendant No. 01 with defendant No. 02 & had physical r
A child born from a void marriage is legitimate under Section 16 of the Hindu Marriage Act, and limitation does not bar claims for declaration of rights over ancestral property.
(1)Jurisdiction of Family Court – Suit seeking declaration of marital status whether it affirms or denies existence of a valid marriage squarely falls within ambit of Family Court’s jurisdiction.(2) ....
(1) No one should be vexed twice for same cause of action. Cause of action must be same for application of Order II Rule 2 of CPC.(2) Concept of Order II Rule 2 of CPC is alien to Family Court procee....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 7 of the Family Courts Act, Order 1 Rule 9 and Order 2 Rule 2 of the Code, and the ....
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
The Family Courts possess exclusive jurisdiction to declare matrimonial status, rendering suits maintainable even post the husband's death, affirming marriage validity standards under applicable Hind....
(1) Presumption of legitimacy of child – Theoretical difference in ‘paternity’ and ‘legitimacy’ – Conclusive proof of legitimacy is equivalent to paternity – DNA tests may be ordered, only if a stron....
The Family Court can declare a divorce based on mutual consent without requiring original documents, and no limitation applies to such declarations.
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