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The first appellate court's failure to address and determine the grounds of appeal, particularly those concerning the right to be heard and the legality of the trial court’s decision, is a fatal irregularity rendering its judgment a nullity.
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The High Court partly allowed a matrimonial appeal, mostly upholding custody and maintenance while varying child maintenance and adjusting property division.
The second appellate court cannot entertain grounds not raised in the first appellate court unless they involve a point of law. The concurrent findings of the lower courts regarding custody and welfare of the children were based on proper evaluation of evidence and legal principles. There was no misapprehension of evidence or miscarriage of justice. The appeal is dismissed.
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The High Court recorded a consent settlement in a matrimonial appeal, withdrawing the appeal and confirming children’s ownership of the disputed property.
The farm at Bishulo area was the only matrimonial property and should be divided equally as it was acquired during the marriage by joint effort; the shop was not a matrimonial asset and no longer existed; custody of all children should remain with the respondent as it is in their best interest and consistent with their wishes; maintenance amount is sufficient.
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The trial court erred in varying custody without sufficient evidence of changed circumstances or proof of respondent's capacity to maintain the child. The best interest of the child, particularly the age under 7 years, mandates custody with the mother absent special circumstances. Social Inquiry Report was not mandatory for variation at the time. Framing issues after submissions did not deny the right to be heard as parties addressed all relevant matters.
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The trial court correctly ordered maintenance and education expenses based on the respondent's proven net salary and financial obligations. The applicant failed to prove the respondent's ability to pay more or to raise the issue of the child's disability at trial. The appellate court found no error in the trial court's reliance on the Social Inquiry Report and the evidence presented.
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The trial court's failure to comply with mandatory mediation procedures before hearing the case, failure to properly consider the Social Inquiry Report and the child's wishes, and failure to uphold the best interests of the child rendered the proceedings and ruling void ab initio.
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The absence of a properly tendered and admitted Marriage Conciliation Board certificate in the trial court record is a fatal procedural defect that deprives the court of jurisdiction to entertain the matrimonial dispute, rendering all subsequent proceedings, judgments, and orders a nullity.
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The failure to tender and admit the certificate from the Marriage Reconciliation Board as evidence in the trial court rendered the divorce petition incompetent for non-compliance with section 101 of the Law of Marriage Act, depriving the court of jurisdiction. Consequently, all subsequent proceedings and decisions were invalid.
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