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Rajesh   26 November 2017

SLP regarding

What are the chances of admission of SLP aginst concurrent findings with reasoned orders from the Family Court and High Court ? The divorce decree is in favour of husband for desertion and non-consumation of marraige.


Learning

 5 Replies

Vijay Raj Mahajan (Advocate)     26 November 2017

Unless there is a question of law involved which got ignored or wrongly decided by the Family Court or the High Court, the Supreme Court will not entertaining SLP and will not admit it as Appeal.

KISHAN DUTT KALASKAR (Advocate)     26 November 2017

Only when substantial question of law arises then only SLP will be admitted. Finding out substantial question of law depends upon the intelligence of the advocate. Brief facts may be sent to me to find out whether there is any such question because you are saying it was on the ground of non-consumation of marriage. The word non-consumation appears not definded in any legislation. And it is a secret act which cannot be concluded in positive by a Court. Let us think positevely.

Draft petition/legal notice will be prepared by me on payment of my professional nominal fees, you may approach me with copies of  further details. 

Sycorax Juris   26 November 2017

Unless the brief is posted, it will be like a preditions only.

N.K.Assumi (Advocate)     26 November 2017

Interference with the concurrent findings of fact may be justified if any of the following test is satisfied, namely;-

1.Finding is perverse

2.Material irregularities affecting the findings

3.The court feels that Justice has failed,

4.Findings are likely to result in unduly excessive hardships

5.Ignoring doubtful documentary evidence

6.Fraud on the court 

Rajesh   26 November 2017

Thanks a lot evryone for sparing ur valuable time to reply ..got what i wanted to know ..thanks .

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