SUNITA, AGARWAL, PRANAV TRIVEDIA
Pranalinaben W/o Sanjaybhai Sharma – Appellant
Versus
Sanjay Bachubhai Sharma – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This Letters Patent appeal is directed against the judgment and order dated 05.05.2022 passed by the learned Single Judge in allowing the petition under Article 227 of the Constitution of India and setting aside the order dated 07.12.2019 passed by the Family Court, Ahmedabad on the application below Exh.15 filed in Family Suit No.834 of 2019 treating it as an interlocutory order. The appellant herein is the wife, whose marriage with the respondent, the original petitioner and plaintiff before the Family Court, has been solemnized on 05.07.2018.
2. From the facts recorded in the judgment impugned of the learned Single Judge, it may be noted that for both the original petitioner (husband) and the respondent wife (namely the appellant herein), (referred to hereinafter as the “original petitioner” and “respondent wife” in the same manner) it was their second marriage. The learned Single Judge has recorded that the original petitioner got divorce from his earlier wife and gave an advertisement for marriage in the newspaper along with his mobile number. The respondent wife contacted him looking to the matrimonia
Prabha Tyagi Vs. Kamlesh Devi [2022 LiveLaw SC 474 : (2022) 8 SCC 90]
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.
The right to reside in a shared household is not restricted to actual residence and can be enforced by any woman in a domestic relationship, irrespective of whether she has any right, title, or benef....
The main legal point established in the judgment is that a divorced woman is entitled to the right of residence under S.17 of the Protection of Women from Domestic Violence Act, 2005 only if she is i....
Strict proof of marriage is not required to establish a domestic relationship under the Domestic Violence Act, allowing for claims based on cohabitation and the relationship's nature.
No doubt the powers under Article 227 of the Constitution of India cannot be exercised as if the court is an Appellate Court. However, when the learned Trial Court overlooks significant facts and con....
Eviction orders under the DV Act require careful consideration of evidence regarding shared household rights and cannot be issued without assessing domestic violence context and current legal obligat....
A divorced wife cannot claim residence order or enforce an earlier residence order under the Domestic Violence Act after leaving the shared household and subsequent divorce.
Domestic violence- Trial Court shall before passing a decree and dispossession on the wife ensuring in view of the subsisting rights of the daughter-in-law under the DV Act to provide with an additi....
Award of maintenance – It is not mandatory for aggrieved person to have actually lived or resided with those persons against whom allegations have been levelled at the time of seeking relief.
The main legal point established in the judgment is that the Family Court does not have inherent jurisdiction under Section 7 of the Family Courts Act to entertain a suit by the wife against the husb....
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