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MADRAS HIGH COURT

Year of decision: 2018
Details

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...........

MADRAS HIGH COURT

Year of decision: 2018
Details

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..........

MADRAS HIGH COURT

Year of decision: 2018
Details

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...........

CHHATTISGARH HIGH COURT

Year of decision: 2018
Details

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...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

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...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

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..........

MADRAS HIGH COURT

Year of decision: 2018
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

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..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

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..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

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..........

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