Smt. Renu Vs. Prem Sunder - Court Judgment

Excerpt:
- sections 100-a [as inserted by act 22 of 2002], 110 & 104 & letters patent, 1865, clause 10: [dr. b.s. chauhan, cj, l. mohapatra & a.s. naidu, jj] letters patent appeal order of single judge of high court passed while deciding matters filed under order 43, rule1 of c.p.c., - held, after introduction of section 110a in the c.p.c., by 2002 amendment act, no letters patent appeal is maintainable against judgment/order/decree passed by a single judge of a high court. a right of appeal, even though a vested one, can be taken away by law. it is pertinent to note that section 100-a introduced by 2002 amendment of the code starts with a non obstante clause. the purpose of such clause is to give the enacting part of an overriding effect in the case of a conflict with laws mentioned with the.....hemant gupta, j.1. the petitioner has sought transfer of petition under section 25 of the guardian and wards act, 1890 (hereinafter to be referred as 'the act') filed by the respondent for the custody of the minor son.2. the marriage between the parties stands dissolved by a decree of divorce. the respondent has filed a petition under section 25 of the act at sonepat alleging that the ordinary residence of the minor at yamuna nagar is forcible under threat and, therefore, cannot be considered relevant for determining the jurisdiction of the court.3. it is the case of the respondent that the petitioner has remarried but the child is living with his maternal grand-father. however, it is admitted that the maternal grand-father is also residing at yamuna nagar. therefore, it is evident that.....