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BIREN VAISHNAV, MAULIK J. SHELAT
SAVITRIBEN ALIAS SHITAL DIVEN JOSHI – Appellant
Versus
DIVEN KHARASHANKAR JOSHI – Respondent
JUDGMENT :
MAULIK J. SHELAT, J.
1. The present appeal is filed under Section 19 of the Family Court Act, 1984 (hereinafter referred to as ‘the Act’) by the original respondent happens to be wife of original petitioner challenging judgment and decree dated 30.05.2018 passed by the Family Court, Kutchh in Family Suit No. 111 of 2016. The parties will be referred as per their original position.
2. Admit. Learned advocate Mr. Premal Rachh waives service of notice of admission on behalf of respondent-husband. With consent of learned advocates appearing for the parties, the appeal is taken up for final disposal.
3. Short facts of the matter appears to be as under:
3.2 It appears from the impugned judgment that the wife has contested a suit by filing her object
Judicial orders must provide clear reasoning to ensure justice and uphold the principles of natural justice; failure to do so renders the order unsustainable.
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
(1) Decision in a suit for restitution of conjugal rights does not entirely depend upon right of husband.(2) Restitution in favour of husband if, on evidence, it feels that circumstances are such tha....
The Family Court has jurisdiction to grant relief under the Domestic Violence Act, and its findings cannot be overturned by a Single Judge under Article 227 without a clear jurisdictional error.
In Muslim law restitution suits, courts refuse decree if husband's proven cruelty or conduct creates life apprehension, making cohabitation inequitable; family court reversal warranted for perverse e....
Ex-parte judgments in matrimonial cases must comply with procedural rules, including framing issues and evaluating evidence; failure to do so results in setting aside the decree.
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