Latest Judgments

Vineeta Sharma v. Rakesh Sharma

The High Court has granted certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India having regard to the fact that there are conflicting decisions of this Court in “Prakash v. Phulavati” (2016) 2 SCC 36, “Danamma @ Suman Surpur v. Amar” (2018) 3 SCC 343 and “Mangammal v. T.B. Raju” (2018) SCC OnLine SC 422 on the issue involved in this petition.

(A.K. Sikri, Ashok Bhushan and M.R. Shah, JJ.)

Vineeta Sharma ____________________________________ Petitioner;

v.

Rakesh Sharma ___________________________________ Respondent.

Civil Appeal Diary No(s). 32601/2018, decided on November 27, 2018

(IA No. 139136/2018-Condonation of Delay in Filing Earlier Heard by A.K. Sikri and Ashok Bhushan JJ. For Direction)

The Order of the court was delivered by

Order

1. The High Court has granted certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India having regard to the fact that there are conflicting decisions of this Court in “Prakash v. Phulavati” (2016) 2 SCC 36, “Danamma @ Suman Surpur v. Amar” (2018) 3 SCC 343 and “Mangammal v. T.B. Raju” (2018) SCC OnLine SC 422 on the issue involved in this petition. Since the matter is to be heard by the Larger Bench i.e. three Judge Bench and this Bench is comprising of three Judges, we can hear the matter finally. Learned counsel for both the parties request some time to prepare the matter.

2. List on 05.12.2018.

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