...section 28 of the Hindu Marriage Act and the valuation of this appeal is Rs. 10,000/-, the pecuniary jurisdiction as well as appellate ...28 of the Hindu Marriage Act, as is provided under section 19 of the Family Courts Act.3. The...section 19 of the Family Courts Act would lie against an order passed under ...

...Hindu Marriage Act deals with jurisdiction and procedures. Before the amendment made to Section 19 as pe...Court in India exercising jurisdiction under Hindu Marriage Act had jurisdiction to entertain the divorce petition...nearest court without any kind of difficulties. The jurisdiction clause as it stood originally, was really unfair to the women. Accordingly it was decided to amend Section 19 for the purpose of...

...marriage solemnised at all would be without jurisdiction. Section 19 of the Hindu Marriage Act requires all suits or petitions filed under the Act to be instituted before a District Court, whereas a...status. Therefore, not being a petition under the Hindu Marriage Act, Section 19 of the said Act is not attracted in the instant case. The learned Munsif, therefore, has jurisdiction to try the suit...opinion that the plaint in the instant suit cannot be considered to be a petition under Section 19 of the said Act, and the learned Munsif is fully competent and has jurisdiction to entertain, try...

...Section 19 of the Family Courts Act and Section 28 of the Hindu Marriage Act, which provide for appeal against the judgment, decree and orders passed by the Family Court dealing with the...proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction..., and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (2) Orders made by the court in...

...clause (c) of S. 3 of the Hindu Marriage Act means the principal civil court of original jurisdiction and any other civil court which may be specified by the State Government by notification...relating to his jurisdiction to try the suit in favour of the plaintiff by holding that the reliefs claimed in the plaint were not covered by Ss. 9 and 13 of the...Hindu Marriage Act.3. Section 19 of the ...

...jurisdiction.2. The appeal was presented before the Registrar General on 18-2-2009 whereupon the office reported it to be beyond limitation by 53 days as under Section 19 of..., 1955 for divorce. In the said proceedings issues were framed and the issue No. 3 happened to be with regard to jurisdiction of the Family Court, Allahabad. This issue has been decided as a preliminary...issue vide impugned judgment and order dated 19-11-2008 and it has been held that the Court at Allahabad has no jurisdiction and therefore plaint be returned for presentation to proper court of...

...submitted by his wife he has been dismissed from the service, that too during pendency of the matter before the civil court having jurisdiction to adjudicate the controversy. Moreover, when complaint...higher authorities in the manner laid down in sub-para (B)(g) above. In cases where cognizance has been taken by civil court of competent jurisdiction the matter should be treated as sub judice and the...in Para 11 above. In cases where cognizance has been taken by civil court of competent jurisdiction the matter should be treated as sub judice and the decision of the court awaited before taking any...

.... It is contended that the Additional District Judge No. 1, Jodhpur, has no jurisdiction to try the petition under Section 13(1A)(ii) of the Hindu Marriage Act as such petition...could only be tried by the principal court of original jurisdiction, namely, the District Court, Jodhpur. The argument of the learned counsel for the petitioner is that unless there is a notification..., AIR 1959 Punj 50. 4. On the other hand, it is contended by the learned counsel for the non-petitioner that the Additional District Judge Ms jurisdiction in the...

...the jurisdiction of that Court. But a question was raised that since the Hindu Marriage Act (Act 25 of 1955) which is a Central Act, had already come into force, the...Sankaran, J.:— This revision petition raises a question of jurisdiction. The parties to this petition are members of the Ezhava community of the State of Travancore which now forms part of...wife may present a petition for dissolution of the marriage under S. 7, Cl. (3), in the Court of the District Munsiff within the local limits of whose jurisdiction the respondent resides, carries on...

...for their enforcement; therefore the Civil Courts jurisdiction over these matters is specifically barred; (b) that Section 4 of the Hindu Marriage Act is as under...) that while Section 8(a) of the Family Courts Act excludes the Civil Court"s jurisdiction in respect of a suit or proceeding which is between the parties and filed under the Hindu Marriage Act, where... 13 invoke the jurisdiction of the Matrimonial Court under Section 25 of the Hindu Marriage Act. Reliance therein also was...

...Judgement In this Appeal under Section 19 (1) of the Family Courts Act, 1984 the husband assails validity of an order dated 5th March, 2001 passed by Sri R. B. Pandey, Judge, Family Court, Agra in Suit No. 446 of 1998 allowing the application dated 3rd May, 1999 filed by the respondent-wife under Sections 24/26 of the Hindu Marriage Act, 1955 commanding the appellant to pay a sum of Rs. 1200/- (Rs. 800/- per month for her and Rs. 400/- per month for their son) for maintenance with effect from the date of her application, besides a lump sum of Rs. 1500/- towards litigation expenses. 2. The office has raised an objection that in view of Section 19(5) of the Family Courts Act this appeal is not maintainable. 3. Sri Anupam Kulshrestha, learned counsel for the appellant, contests the objection aforementioned by submitting that true it is that the impugned order was passed under Section 24 of the Hindu Marriage Act but in view of the Division Bench decision of the Madhya Pradesh High Court in Raghvendra Singh Choudhary v. Smt. Seema Bai, AIR 1989 Madhya Pradesh 259 holding that an appeal will lie against an in...

...?(4) Whether this Court has territorial jurisdiction as the marriage took place at Bupparam taluk, Nirmal?(5) Whether this Court has legal jurisdiction to entertain this...found that, since both the defendants reside within the local limits of the jurisdiction of the lower Court, the suit was properly filed in that Court under...that the suit could be filed only in the District Court. I am referred to section 19 of the Hindu Marriage Act in...

...section 19 of the Family Courts Act of 1984 and not 90 days as contemplated under section 28(4) of the Hindu ...Act and section 28 of the Hindu Marriage Act. Section 19 of the Family Courts Act reads as follows:19. Appeal. — (1) Save as provided in sub-section (2) and notwithstanding anything...and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose...

...jurisdiction to entertain the petition for nullity of marriage filed by the respondent under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”).2...Section 12 of the Act.11. The question that arises is whether the learned District Judge was invested with jurisdiction by reason of clause (ii) of Section 19 of the Act...District Judge, Almora alleging that the parties were residents of Village Bagyan, District Pithoragarh i.e within the territorial jurisdiction of the Court of District Judge, Almora. On March 23, 1976...

...Basant, J.:— What is the period of limitation for preferring an Appeal under Section 28 of the Hindu Marriage Act? Is it 90 days as stipu...Section 19 of the Family Courts Act, appeal can be preferred against any decision of the Family Court not being an interlocutory order. Under ...Section 19(3) of the Family Courts Act being general in nature and Section 28(4) of the Hindu Marriage Act as amended being special in nature (in that they re...

.... 2. Section 19 of the Hindu Marriage Act deals with the jurisdiction of Court and it reads...Court of original civil jurisdiction within Section 19 of the Hindu Marriage Act? (2) If not, can...such a transfer he would have jurisdiction to hear and decide the ease? 8. Section 19 of the Hindu...

...of the respondent it may seem to the Court to be reasonable.”The above provision confers power on the Court having jurisdiction to entertain petitions under the various provisions of...of disputes relating to marriage and family affairs and for matters connected therewith. The relevant part of Section 7 of the Act which confers jurisdiction on the Family Court reads...:“7. (1) Subject to the other provisions of this Act, a Family Court shall-(a) have and exercise all the jurisdiction exercisable by any District Court or any subordinate Civil Court...

...:—“.... where the provision as to jurisdiction specifically contained in Section 19 of the Hindu ...Marriage Act. According to the trial Court Section 19 clearly covered the point of territorial jurisdiction. It, therefore, returned the petition to the appellant for being presented to the proper...maintainable under Section 19 of the Act it should have been held that the District Court in Delhi had jurisdiction to entertain the petition by virtue of the provisions of Section 20 of...

...piece of law clothing the court with the jurisdiction for passing an order for restitution of conjugal rights against a party to a hindu marriage is the hindu marriage act. The substantive provision...under section 19 of the family courts act read with section 28 of the hindu marriage act. On facts, there is no controversy. If the period of limitation is 90 days as stipulated under section 28 (4) , the...act and section 28 of the hindu marriage act. Section 19 of the family courts act reads as follows: ...