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1 - 8 of 8 (0.43 seconds)The Code of Civil Procedure, 1908
Article 242 in Constitution of India [Constitution]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Section 11 in The Family Courts Act, 1984 [Entire Act]
K.A. Abdul Jaleel vs T.A. Shahida on 10 April, 2003
8. In respect of the first contention as to the jurisdiction of the Family court with reference to section 7 of the Family Court Act, the same has been considered by the Supreme Court and held that dispute over the properties between the parties to a marriage cannot be confined to the parties of a subsisting marriage. That would include to adjudicate with regard to the property of the divorced parties as well. The apex Court in the case of K.A.Abdul Jellel v. T.A.Shahida, AIR 2003 SC 2525 held as follows :
Section 19 in The Family Courts Act, 1984 [Entire Act]
Lonankutty vs Thomman & Another on 15 April, 1976
If the matter was in issue directly and substantially in a prior litigation and decided against a party, then the decision would be a res judicata in a subsequent proceedings. If a matter was collateral and incidental in issue and decided on earlier proceedings, the finding therein would not ordinarily be res judicata in a latter proceedings. (See. Lonankutty v. Thomman, AIR 1976 SC 1645).
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