Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - In order to prove cruelty, it is contemporaneous nature of evidence, which is important - Bald statements made in petition, unsupported by any evidence of contemporaneous nature cannot be considered sufficient to prove the facts alleged...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely stating that wife was neglecting her duties or that she was abusive and has insulted husband and his family members in front of others or that she has refused to cook for him or offer him even glass of water on his return from work, will not be sufficient to constitute act of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce - Cruelty - Condonation - Petition by husband - Allegations that wife refused to cohabit with husband on first night and disclosed her love affairs to him stands condoned by husband, as he admitted such condonation - Better proof of condonation can be taken from fact that marriage was duly consummated after..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false case by wife - Wife made false allegation against husband regarding his mental condition - She also lodged an FIR for the same - Later on wife again lodged a report against husband and i, laws after just 3 days of her return from her matrimonial house - In support of all these she had..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband not contacted wife since long - He neither appeared before trial Court nor before High Court despite service of notice - Husband neither filed his written statement and also not informed Court whether still he is willing to live with wife or not - Conduct of husband shows cruelty..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere fact that ex parte decree has been executed does not disentitle the defendant from applying U.O.9.R.13 CPC to get the same set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
