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MANISH KUMAR NIGAM
Nagendra Sharma – Appellant
Versus
Court Of Prin. Judge Family Court Gonda – Respondent
JUDGMENT :
Hon'ble Manish Kumar Nigam, J.
1. Heard Shri Amrendra Kumar Bajpai, assisted by Ms. Tejaswini Bajpai, learned counsel for the petitioners, Shri Ashok Mishra, Advocate holding brief of Shri Amrendra Nath Tripathi, learned counsel for respondents.
2. This petition has been filed for the following relief:
II. To issue a writ, direction or order in the nature of Certiorari to quash / set asdie the ex-parte orders dated 29.05.2019 (Annexure Nos. 1 & 2) and order dated 22.08.2022 (Annexure No. 13) passed by the O.P. no. 1 in Case No. 52 of 2019- Smt. Sarla Sharma Vs. Nagendra Sharma & Another."
3. Learned counsel for the respondent submitted that since question of jurisdiction is involved in the present writ petition, therefore, he does not intend to file counter affidavit and matter may be heard and decided to which learned counsel for the petitioner has no objectio
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The Family Courts Act does not infringe on the High Court's matrimonial jurisdiction established under the Letters Patent, and any transfer of cases depends on explicit legislative provisions.
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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 ....
Granting interim maintenance to daughter of appellant-wife and rejection of all other applications – dismissal of husband’s petition for restitution of conjugal rights whereby wife’s rights do not ne....
Family Courts exercise civil jurisdiction for certain matters and criminal jurisdiction for proceedings under S.125 Cr.P.C., reflecting distinct legal frameworks.
(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 words "by the other Family Court or ordinary civil court" in Section 18(3) of the Act is controlled and guided by the words "to which it is sent for execution". If it is not sent, undoubtedly the....
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