Doubt
rsraghukumar
(Querist) 24 July 2012
This query is : Resolved
sir please clarify the following few lines:
"in a case like matrimonial dispute to declare a marriage as void, the exercise of jurisdiction by the trial court and this (high court) under the Act would be exercising matrimonial jurisdiction and the judgment now deliver by this court(high court) would become a judgment in rem under section 41 of the evidence act subject of - course to final order which may be passed by a higher forum".
sir i want meaning of the above few lines,particulary the last two lines of that para sir.
R.K Nanda
(Expert) 24 July 2012
Purely academic query.
V R SHROFF
(Expert) 25 July 2012
dO ASK , BUT IN fORUM, NOT HERE IN EXPERT ZONE
M V Gupta
(Expert) 27 July 2012
querist wants to know the meaning of the observation contained in the judgement. I feel that explaining the meaning will be useful for all. Therefore I am trying to answer the query, which I hope experts would not mind.
Judgement in rem means a judgement which binds not only the parties to the action,but all other persons. In view of this the judgement can be cited by any other party to support his claim in his case. Section 41 of the Evidence Act provides that any judgment order or decree passed by a court in exercise of, inter alia, matrimonial jurisdiction would be a judgement in rem.
