Ravindranath Chowdary Namburu, Symbiosis Law School, Hyderabad
ABSTRACT
The present case of Balram Yadav v. Fulmaniya Yadav primarily deals with family, personal laws and whereby the issue of jurisdiction of Family Court under section 7, 8 of Family Courts Act, 1984 and applicability of Order 32 Rule 3 r/w. Rule 15 of C.P.C. is under question. The subject matter involved is whether the declaration as to the validity of a person’s marriage and marital status is within the exclusive jurisdiction of the Family Court. In this regard, the High Court orders are analyzed to get an idea of the true facts and go through the blunder made by the Family Court, which has led to irreparable loss to one of the parties. The Supreme Court further ordered the High Court to hear the fresh appeal and make a decision accordingly. The researcher accumulated all the directions to that effect, pointed out the blunders in the decision, and further concluded the case commentary with few recommendations.
Comentários