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C.Ruban Duraisingh (Owner)     17 March 2016

Prayer relief

can the decree ordered in the family court of madurai be given in the petition prayer in the family court of kerala to be upheld by as stated below

                                                 Prayer

I pray that the Honourable Family Court of Nedumangad may uphold the decree of the Honourable Family court of Madurai IA 492 of 2014 in I.D.O.P 55 of 2014 of the interim child custody to the counter petitioner C Ruban Duraisingh, father.

                        

         Wherefore, it is prayed that this Honourable court may be pleased to dismiss the petition with exemplary cost and thus render justice.



Learning

 1 Replies

Adv. Deepak (Advocate)     19 March 2016

No. You cannot make such prayer.  If the parties before the two Family Courts are the same and issue before the respective Courts is the same, the decision or the interim order made by the earlier court will treated as constructive res-judicata and the later Court will not decide that issue.  However, since it is an interim order, if the same is reversed in the final decree, then the later Court will consider the revised order.


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