Family Court Jurisdiction over Property Disputes Clarified under Family Courts Act, 1984 and Section 27 Hindu Marriage Act, 1955: Himachal Pradesh High Court
The Himachal Pradesh High Court decided an important matrimonial property dispute in Astha Thakur v Dhananjay Kanwar, where the Court examined whether a Family Court has jurisdiction to decide an application for return of Istridhan, gifts, and other marital property even after a decree of divorce has already been passed. Facts Leading to the Dispute Astha Thakur, the appellant, had filed a matrimonial petition seeking divorce under Section 13(1)(ia) Hindu…