Hindu Marriage Act, 1955, Section 13, 5 -- Divorce - Marriage of Hindu husband with Christian wife - Marriage solemnized by following ceremonies practised by Hindus - Petition for divorce under Hindu Marriage Act is not maintainable - Petition under any provision of Hindu Marriage Act is maintainable only when marriage is solemnized between any two Hindus...........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13 -- Declaration for dissolution of marriage - Petition filed by husband u/s 13 of Hindu Marriage Act not maintainable, as parties belong to different religion - However, husband sought for declaratory decree declaring his marriage as null and void by moulding or re-casting prayer - It is not as though..........
Special Marriage Act, 1954, Section 27, 13 -- Divorce - Marriage between parties not registered or solemnized by fulfilling conditions specified u/s 13 of the Act - Husband cannot invoke provision of Act for seeking divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Where wife opted to join job at a different place, thereby separation was caused and she refused to comeback by leaving her job, same cannot be termed as wilful desertion - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Animus deserendi - If there is no intention at all to resume cohabitation for a reasonably long period, it can be said to be intention to bring cohabitation to an end...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce by husband - Desertion - Animus deserendi - Parties separated 20 years back - No single attempt to resume cohabitation - Held, even if original separation did not have element of animus deserndi, there could be said to be presence of such animus afterwards - Though, it is difficult to point out as to at what particular..........
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree in summary suit and ex parte decree in ordinary suit - Distinction - Grounds required for setting aside ex parte decree passed in an ordinary suit and in a summary suit are different - To set aside an ex parte decree in a summary suit, special circumstances will..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, Punjab Travel Professionals Regulation Act, 2014, Section 13 -- Bail - Offence u/ss 406, 420 IPC and S.13 of Punjab Travel Professional Act - As per the prosecution, petitioner and co-accused used to visit his shop and represented that they could send complainant and his brother abroad..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Plea of tenant that words `within 15 days' and `the last day of month next' prescribe period of limitation - Plea held, misconceived as these expressions actually prescribe cause of action - If there is a written rent note which stipulates a date by which tenant has to make..........