Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13(1)(ia), 12(1)(c) -- Amendment of plaint - Divorce petition - Ground of cruelty by wife - Husband through proposed amendment seeks relief for grant of decree of annulment of marriage as main relief and decree of divorce as an alternative relief - Apparently the relief for annulment of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition and withdrawing same..........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Transfer of case - Transfer of case is not always a solution acceptable to both the parties - It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife along with her minor daughter living at Hyderabad - Divorce petition filed at Jabalpur by husband - It is inconvenient for wife to undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child - Case transferred from..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - May be supplementary to any other substantive grounds mentioned u/s 13 of the Act, but the same cannot be a standalone ground...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Irretrievable breakdown of marriage - In the absence of proof of cruelty, Court committed serious error in granting decree of divorce only on the ground of parties living separately for a long time and that by such separation, marriage has irretrievably broken down - Impugned decree of..........
