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1 - 10 of 23 (0.33 seconds)The Code of Civil Procedure, 1908
The Specific Relief Act, 1963
Section 7 in The Hindu Marriage Act, 1955 [Entire Act]
Section 10 in The Hindu Marriage Act, 1955 [Entire Act]
Article 142 in Constitution of India [Constitution]
Section 25 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Criminal Procedure, 1973
S.D.Joshi & Ors vs High Court Of Judicature At Bombay &Ors on 11 November, 2010
The jurisdiction exercised by the Family Court in the
present case falls within the ambit and scope of Clause (b) of the
'Explanation' to Section 7 (1) of the 1984 Act inasmuch as the
question of matrimonial status of the respondent as the wife of the
appellant was in issue. It also somewhat falls within the parameters
of Clause (d) of the 'Explanation' to Section 7 (1) of the 1984 Act
inasmuch as the same relates to a suit in circumstances arising out
of a marital relationship. Even otherwise, the said case of S.D.
Joshi and others v. High Court of Judicature at Bombay and others
(supra), was in relation to the question as to whether a Judge of a
Family Court is entitled to consideration for elevation as a Judge of
AMIT KHANCHI
2015.03.18 15:45
I attest to the accuracy and
authenticity of this document
High Court,Chandigarh
FAO No.5481 of 2012 -17-
the High Court and not that a Family Court does not have the
jurisdiction in relation to the nature of proceedings that are
mentioned in 'Explanation' to Section 7 (1) of the 1984 Act.
However, according to learned counsel for the appellant even an
obiter dictum of the Supreme Court would be binding and it is to be
treated as a law.