Justice R.M. Joshi Archives

“Courts must act as custodian of child’s rights”; Bombay High Court refuses DNA Profiling Test to establish paternity

“The presumption of conclusive proof of legitimacy of child, casts greater burden on the man to show that parties to the marriage had no access to each other at any time when the child could have been begotten. The presumption of legitimacy, therefore, must be challenged with specific plea of no access to each other during relevant period.”

Case Briefs High Courts

Wife’s threat to commit suicide and then attempting it, is cruelty against husband and his family members; qualifies as ground for divorce: Bombay HC

When the cross-examination was done in respect of attempted suicide by wife, she appeared before the Court by applying Mehandi on her hand to suppress the evidence of attempted suicide.

Case Briefs High Courts

S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked: Bombay High Court

The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.