Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sanjukta Mukhi – Appellant
Versus
Gitanjali Mukhi – Respondent
| Table of Content |
|---|
| 1. essence of the plaintiff's claim. (Para 1 , 2 , 3) |
| 2. defendants' counterclaims and denials. (Para 4) |
| 3. procedural history and trial court findings. (Para 5 , 6) |
| 4. legal question for second appeal. (Para 7 , 8) |
| 5. parties' arguments on court jurisdiction. (Para 9 , 10) |
| 6. family court jurisdiction highlighted. (Para 11) |
| 7. judgment on jurisdictional errors. (Para 12 , 13) |
| 8. court’s final directive and appeal outcome. (Para 14 , 15) |
JUDGMENT :
SASHIKANTA MISHRA, J.
This is an appeal filed by defendant No.1 against a confirming judgment.
2. The judgment passed by the learned District Judge, Kandhamal on 23.08.2023 followed by decree in RFA No.18 of 2022 on 01.09.2023 is under challenge whereby, the judgment passed by learned Civil Judge, Senior Division, Phulbani in C.S. No.24/2018 followed by decree, was confirmed.
2.1 For convenience, the parties are referred to as per their respective status before the trial Court.
3. In view of the order proposed to be passed, it is not felt necessary to relate the facts of the case in detail. It would suffice to only mention that the suit in question was filed by the plaintiff seeking a declaration that she is the only legally married w
The jurisdiction of civil courts is limited where a Family Court has been established, barring civil suits concerning marital status declarations.
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....
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 ....
Disputes regarding marital status and property rights of deceased spouses must be adjudicated in Family Court, as per Family Courts Act, ousting Civil Court jurisdiction.
(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....
Exclusion of jurisdiction of Civil Court is not to be readily inferred – Mere marital relationship between parties is not a determinative factor to oust jurisdiction of Civil Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
