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CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, ACJ
Vivek Singh v. Yogendra Singh Thakur
| Table of Content |
|---|
| 1. judgment delivered by acting chief justice addressing family court jurisdiction. (Para 1 , 2 , 3) |
| 2. case concerns return of properties, jurisdiction disputed. (Para 4 , 5 , 6) |
| 3. court discusses legal precedents regarding jurisdiction in family property disputes. (Para 7 , 12 , 20) |
| 4. court concludes family court lacks jurisdiction in this case, appeal allowed. (Para 11 , 21 , 22) |
1. The following judgment of the Court is delivered by Prashant Kumar Mishra, Acting Chief Justice.
This appeal under S.19 (1) of the Family Courts Act, 1984 (for short 'the Act, 1984') has been preferred by the husband of the deceased wife challenging the judgment and decree of the trial Court allowing the suit preferred by the appellant's father - in - law for return of the properties gifted to his late daughter Pratima Singh at the time of her marriage with the appellant.
2. While deciding the suit the trial Court has also rejected the appellant's objection to the maintainability of the suit before the Family Court to hold that the Family Court has jurisdiction to decide the suit.
3. The substantial part of the argument advanced before us revolved on this issue, therefore, we shall first
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