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IN THE GAUHATI HIGH COURT
Mr. A. Biswas, J
Nitikona Banarjee v. Ram Prasad Banerjee
| Table of Content |
|---|
| 1. determines maintainability of claims regarding marital status. (Para 2 , 3 , 4 , 8) |
| 2. arguments on jurisdiction of family court and relevant legal precedent. (Para 5 , 6) |
| 3. court’s observations on application of section 7(b) and prior case law. (Para 7 , 9) |
| 4. clarification on the proper jurisdiction for marital disputes. (Para 10 , 12) |
| 5. final directive to return plaint for civil court consideration. (Para 13 , 14) |
1. Heard Mr. A. Biswas, learned counsel appearing for the appellant. Also heard Mr. S. N. Sarma, learned Senior counsel, appearing for the respondent.
2. The appellant is before this court in this appeal assailing the order dated 17.11.2014, passed by the court of the Principal Judge, Family Court - 1, Kamrup (M), Guwahati, in F.C. (Civil) Case No. 628/2012. The respondent herein had approached the Family Court in F.C. (Civil) 628/2012 seeking a declaration that the appellant herein is not the legally married wife of Lakshman Banerjee and, therefore, she is not entitled to make any claim, as legal heir of Lakshman Banerjee, in respect of the properties left by him. Further, a declaration has been sought that the Marriage Certificate No. 252/94 is a void
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