Case Law Details
Michael Graham Prince Vs Nisha Misra (High Court of Karnataka)
What Justice Oliver Wendell Holmes in his book ‘The Common Law’ (1881) at the very first page had said, should prelude this judgment:
“The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellowmen, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation’s development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become…”
2. The estranged spouses are fighting this legal battle. Respondent – wife has filed MC No.1761/2018 u/s. 27(1)(a) & (d) of the Special Marriage Act, 1954 r/w Sec.18 of the Foreign Marriages Act, 1969 seeking a decree for dissolution of marriage and for the retention of child custody. Petitioner – husband had filed application in I.A.No.4 u/s. 151 of CPC,1908 “to dismiss/reject the divorce petition”; learned 1st Addl. Principal Judge, Family Court, Bangalore, dismissed the same vide order dated 25.09.2020 holding that the native court has jurisdiction to try the subject matrimonial cause. Aggrieved thereby, petitioner is knocking at the doors of Writ Court.
3. After service of notice, respondent – wife having entered appearance through her counsel has filed the Statement of Objections on 09.03.2021 resisting the Writ Learned Senior Advocate appearing for the respondent makes submission in justification of the impugned order and the reasons on which it has been constructed. Having argued additional reasons, she seeks dismissal of the petition as being devoid of merits.
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