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SUJIT NARAYAN PRASAD
Smita Kumari – Appellant
Versus
Shailendra Kumar Singh, son of Sri Uma Shankar Singh – Respondent
ORDER :
Sujit Narayan Prasad, A.C.J.
1. The instant petition is under Article 227 of the Constitution of India challenging the order dated 18.09.2023 passed by Additional Principal Judge, Additional Family Court-2, Jamshedpur in Original Suit No.696 of 2017 whereby and whereunder two petitions filed for exhibiting CD and Pen Drive and for exhibiting certificate dated 03.04.2023 issued by ITC Limited, have been ordered to be marked as Ext.-3.
2. The brief facts of the case as per the pleading made in the instant petition, which are required to be enumerated, read hereunder as :
3. After the marriage, differences arose between the parties to the extent that the Opp. Party has chosen to file an application u/s 13(i) and 13(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage in which the petitioner has filed her written statement, stating inter alia that she believes in marital adjustment and compromise in marital life and she still wants a peaceful conjugal life for the wellbeing of her minor son, who is suffering from disease pertaini
The Family Courts Act, 1984 allows for the admissibility of evidence that assists in resolving matrimonial disputes, overriding other laws including the Indian Evidence Act.
The High Court's supervisory jurisdiction under Article 227 is limited to correcting gross abuses of jurisdiction, not mere errors of law or fact.
The main legal point established in the judgment is the limited scope of the power of superintendence under Article 227 of the Constitution of India and the principles governing the exercise of such ....
(1)Award ofMaintenance Pendente Lite – No appeal against an order passed as an interlocutory order can be filed under Section 19 of Family Court’s Act and petition under Article 227 of Constitution o....
An interim maintenance order under Section 24 of the Hindu Marriage Act is interlocutory and not appealable under Section 19 of the Family Courts Act; thus, Article 227 is the appropriate remedy.
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